Appeal dismissed and certiorari denied.
The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. [375 U.S. 13, 14]
HIGBEE v. THOMAS, WARDEN.
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF KENTUCKY.
No. 6, Misc.
Decided October 14, 1963.
Certiorari granted; judgment vacated; and case remanded.
Petitioner pro se.
John B. Breckinridge, Attorney General of Kentucky, and Ray Corns, Assistant Attorney General, for respondent.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeals of Kentucky for further consideration in light of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116 .
MR. JUSTICE CLARK, MR. JUSTICE HARLAN and MR. JUSTICE STEWART are of the opinion that the petition for a writ of certiorari should be denied.