OpenJurist

423 US 325 Dove v. United States

423 U.S. 325

96 S.Ct. 579

46 L.Ed.2d 531

Oscar Roosevelt DOVE
v.
UNITED STATES.

No. 75-543.

Jan. 19, 1976.

PER CURIAM.

1

The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971), may be inconsistent with this ruling, Durham is overruled.

2

It is so ordered.

3

Petition dismissed.

4

Mr. Justice WHITE dissents.