PER CURIAM.
This is an appeal from affirmance by the Court of Appeals of defendant's conviction by a jury of first-degree murder committed in the perpetration of a robbery. MCLA 750.316; MSA 28.548. Prior to a decision of this Court, defendant died.
The judgments of the courts below are hereby ordered vacated. It is further ordered that the matter be remanded to the circuit court and that the indictment be dismissed.
See Durham v United States, 401 U.S. 481; 91 S Ct 858; 28 L Ed 2d 200 (1971), and Hartwell v Alaska, 423 P.2d 282 (Alas, 1967).
T.G. KAVANAGH, C.J., and T.M. KAVANAGH, SWAINSON, WILLIAMS, M.S. COLEMAN, and J.W. FITZGERALD, JJ., CONCURRED.
LEVIN, J., took no part in the decision of this case.
NOTE: Where possible, a syllabus (headnote), such as this, will be released at the time the opinion is released. This syllabus is not a part of the opinion of the Court but has been written by the Supreme Court Reporter as a summary of the case for the convenience of readers. See United States v Detroit Lumber Company, 200 U.S. 321, 337; 26 S Ct 282; 50 L Ed 499 (1906).