
    HARVEY, alias McCARGO, v. SMYTH, PENITENTIARY SUPERINTENDENT.
    No. 7,
    Misc.
    Decided March 19, 1962.
    Petitioner pro se.
    
    
      Reno S. Harp III, Assistant Attorney General of Virginia, for respondent.
   Per Curiam.

The motion to substitute W. K. Cunningham, Jr., in the place of W. Frank Smyth, Jr., as the party respondent is granted. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are also granted. The judgment is reversed. Chewning v. Cunningham, 368 U. S. 443.

Mr. Justice Whittaker took no part in the consideration or decision of this case.  