H. Ernest Griffith, for petitioner.
Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., and Robert C. Flowers and Monroe Clayton, Asst. Attys. Gen., for respondent.
On Petition for Writ of Certiorari to the Supreme Court of Texas.
The petition for a writ of certiorari is granted, the judgment is vacated and the case is remanded to the Supreme Court of Texas for further consideration in light of In re Winship, 397 U.S. 358 , 25 L. Ed.2d 368.
THE CHIEF JUSTICE and Mr. Justice STEWART dissent for the reasons set forth in the dissenting opinion of The Chief Justice in In re Winship, 397 U.S., at 375 . Mr. Justice BLACK dissents for the reasons set forth in his dissenting opinion in In re Winship, 397 U.S., at 377 .[ Santana v. Texas 397 U.S. 596 (1970) ]