
    UNITED STATES of America, Appellee, v. Melvin SMITH, Appellant.
    No. 14180.
    United States Court of Appeals, Fourth Circuit.
    June 4, 1970.
    Donald J. Reichle, Seaford, Va. (Court-appointed) on brief for appellant.
    Roger T. Williams, Asst. U. S. Atty., on brief for appellee.
    Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.
   PER CURIAM:

Upon the concession of the United States Attorney that the indictment fails to state an offense, and his suggestion of a remand for the entry of an order dismissing the indictment, the judgment of conviction is hereby

Reversed and the case is remanded for the entry of an appropriate order.  