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PHELPER v. DECKER, SHERIFF.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT. No. 374.
Decided October 17, 1966.
Certiorari granted; order reversed.
Charles W. Tessmer and Emmett Colvin, Jr., for petitioner.
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 .
MR. JUSTICE CLARK, MR. JUSTICE HARLAN and MR. JUSTICE WHITE dissent and would deny the petition for a writ of certiorari. [385 U.S. 18, 19]