
    HIGBEE v. THOMAS, WARDEN.
    No. 6,
    Misc.
    Decided October 14, 1963.
    Petitioner pro se.
    
    
      John B. Breckinridge, Attorney General of Kentucky, and Ray Corns, Assistant Attorney General, for respondent.
   Per Curiam.

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.  