Appeal dismissed for want of a substantial federal question.
Reported below: 11 Utah 2d 95, 355 P.2d 689.
George H. Searle for appellant.
Walter L. Budge, Attorney General of Utah, and Ronald N. Boyce, Assistant Attorney General, for appellee.
The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.
POST v. BOLES, WARDEN.
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF APPEALS
OF WEST VIRGINIA. No. 319, Misc.
Decided December 4, 1961.
Certiorari granted; judgment vacated; and case remanded.
Petitioner pro se.
C. Donald Robertson, Attorney General of West Virginia, and Claude A. Joyce and George H. Mitchell, Assistant Attorneys 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 the case is remanded for a hearing in the light of Uveges v. Pennsylvania, 335 U.S. 437 , and Herman v. Claudy, 350 U.S. 116 . [368 U.S. 144, 145]