Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question.
Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall would reverse the conviction.
concurring.
If the Court were to note probable jurisdiction, I would vote to reverse the judgment of the Supreme Court of Florida for the reasons stated in the dissenting opinion of Justice Adkins and in my dissenting opinion in Smith v. United States, 431 U. S. 291 , 311. I have not, however, voted to set the case for argument because the State Supreme Court’s judgment is consistent with this Court’s recent holdings.
Cases cited
- Smith v. United States 431 U. S. 291 p. 941