Opinion
MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS.
No. 1, Misc.
Decided May 15, 1961.
Motion for leave to file petition for habeas corpus denied; certiorari granted; judgment vacated and case remanded.
Reported below: See 174 F. Supp. 368.
Petitioner pro se.
Mark McElroy, Attorney General of Ohio, and William M. Vance, Assistant Attorney General, for respondent.
The motion for leave to file petition for writ of habeas corpus is denied. Treating the papers submitted as a petition for writ of certiorari to the Supreme Court of Ohio, certiorari is granted. The judgment is vacated and the case is remanded for further consideration in the light of Smith v. Bennett, and Marshall v. Bennett, 365 U.S. 708.
MR. JUSTICE STEWART took no part in the consideration or disposition of this case.