308 F.2d 875, reversed.
O. R. Adams, Jr. argued the cause for petitioners. With him on the brief was R. F. Deacon Arledge.
C. Harold Thweatt argued the cause for respondent. With him on the brief was Vivian Diffendaffer.
BERRY v. NEW YORK.
ON PETITION FOR WRIT OF CERTIORARI TO THE APPELLATE DIVISION, SUPREME COURT
OF NEW YORK, FOURTH JUDICIAL DEPARTMENT. No. 163, Misc.
Decided December 2, 1963.
Certiorari granted; judgment vacated; and case remanded.
Petitioner pro se.
Michael R. Canestrano 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 to the Appellate Division of the Supreme Court of New York, Fourth Judicial Department, for further consideration in light of Gideon v. Wainwright, 372 U.S. 335 . [375 U.S. 160, 161]