Summary
In Winkle v. Bannan, 368 U.S. 34, 82 S.Ct. 146,7 L.Ed.2d 91 (1961), the court vacated the judgment and remanded the cause on suggestion of the State "for consideration in light of Mapp v. Ohio." Apparently a collateral attack was there involved, but the opinion of the United States Supreme Court cannot be read to dispose of the issue or to foreshadow the ultimate view.
Summary of this case from State v. SmithOpinion
No. 93, Misc.
Decided November 6, 1961.
Certiorari granted; judgment vacated; case remanded.
Petitioner pro se.
Paul L. Adams, Attorney General of Michigan, Joseph B. Bilitzke, Solicitor General, and Robert Weinbaum, Assistant Solicitor General, for respondent.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and, as suggested by the Attorney General of Michigan, the case is remanded for consideration in light of Mapp v. Ohio, 367 U.S. 643.