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    PHELPER v. DECKER, 385 U.S. 18 (1966)

    U.S. Supreme Court

    PHELPER v. DECKER, 385 U.S. 18 (1966)

    385 U.S. 18

    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.

    PER CURIAM.

    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]  

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