SMITH v. CROUSE

Certiorari granted and judgment reversed.

Reported below: 192 Kan. 171, 386 P.2d 295.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is reversed. Douglas v. California, 372 U.S. 353.

MR. JUSTICE HARLAN, dissenting.

In my opinion the question whether Douglas v. California, 372 U.S. 353, should be given retroactive application is deserving of plenary consideration. Cf. my dissenting opinion in LaVallee v. Durocher, 377 U.S. 998.