427 F.2d 146
UNITED STATES of America, Appellee,
Melvin SMITH, Appellant.
United States Court of Appeals, Fourth Circuit.
June 4, 1970.
Donald J. Reichle, Seaford, Va. (Court-appointed) on brief for appellant.
Roger T. Williams, Asst. U.S. Atty., on brief for appellee.
Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.
Upon the concession of the United States Attorney that the indictment fails to state an offense, and his suggestion of a remand for the entry of an order dismissing the indictment, the judgment of conviction is hereby
Reversed and the case is remanded for the entry of an appropriate order.