Ben Herbert PHELPER v. Bill DECKER, Sheriff.

385 U.S. 18 (87 S.Ct. 204, 17 L.Ed.2d 17)

Ben Herbert PHELPER v. Bill DECKER, Sheriff.

No. 374.

Decided: October 17, 1966

Charles W. Tessmer and Emmett Colvin, Jr., for petitioner.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

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PER CURIAM.

The petition for a writ of certiorari is granted. The order of May 5, 1966, denying the motion for a certificate of probable cause is reversed.

Mr. Justice STEWART concurs for the reasons stated in his separate memorandum in Mapp v. Ohio, 367 U.S. 643, 672, 81 S.Ct. 1684, 6 L.Ed.2d 1081.

Mr. Justice CLARK, Mr. Justice HARLAN and Mr. Justice WHITE dissent and would deny the petition for a writ of certiorari.

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