United States of America Ex Rel. Frank Brown v. Robert G. Smith, Warden, Vermont State Prison

ON PETITION FOR REHEARING IN BANC

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

All of the active judges concurring, except Judge CLARK and Judge SMITH who vote to grant, the petition for rehearing in banc is denied.

Judges CLARK and SMITH dissent and vote for rehearing in banc so that the full bench may review the entire record in this case, particularly the effect on the possibility of a fair trial of the prosecution’s revelation to the press of the defendant’s prior criminal record.