SPENCE et al. v. NORTH CAROLINA.
No. 759,
Misc.
Decided June 17, 1968.
Sam, Houston Clinton, Jr., for petitioner in No. 1311, Mise.
T. W. Bruton, Attorney General of North Carolina, and Harry W. McCalliard, Deputy Attorney General, for respondent in No. 759, Mise. Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Hawthorne Phillips and Lonny F. Zwiener, Assistant Attorneys General, and A. J. Ca-rubbi, Jr., for respondent in No. 1311, Mise. Mr. Martin, Miss White, and Robert C. Flowers, Douglas H. Chilton, and Mr. Zwiener, Assistant Attorneys General, for respondent in No. 1823, Mise.
Together with No. 1311, Misc., Ellison v. Texas, and No. 1823, Misc., Jackson v. Beto, Corrections Director, both on petitions for writs of certiorari. No. 1311, Misc., is to the Court of Criminal Appeals of Texas, and No. 1823, Misc., to the Court of Appeals for the Fifth Circuit.
Per Curiam.
The motions for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments of the courts below are vacated and the cases remanded for reconsideration in the light of Witherspoon v. Illinois, 391 U. S. 510.
Mr. Justice Black and Mr. Justice Harlan dissent, for reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 532.
Mr. Justice White dissents for the reasons stated in his dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 540.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason