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i re NOTICE : This opinion fs subject to formal revision before publleation te che preliminary print of the Cotten Stures Reports, Meaders are re- quested to notify the Reporter af Decisions, Supreme Court of the Tnited States, Washington, D.C, 20548, of any typographien] or other formal errots, in order thut cotrectlons muy be made befuce the pre- Iuajaary print goes te press, SUPREME COURT OF THE UNITED SLATES No. 5230.—Ocroner Term, 1970 James Herman Bostic,} 5 Writ of Certi . Petitioner, n rit of Certiorar) to the » ‘United States Court of Ap- ne peals for the Sixth Circuit. United States. a [May 24, 1971} Per CURIAM. We granted the writ of certiorari in this case’ to con- sider whether the Court of Appeals for the Sixth Circuit had erred in holding that the petitioner had properly been convicted of conspiracy to commit murder in order to avoid apprehension for the robbery of a federally insured bank. The Court of Appeals purported to uphold a conviction for this offense, though there was no evidence that the petitioner knew of the plan to comunit murder, and he had been confined in prison for several months prior to the date the murder was committed’ The memorandum for the United States in opposition te the granting of the writ urged that the petitioner was “re- sponsible for the actions of his coconspirators in killing “one member of the group,” and as to this issue, relied on the opinion of the Court of Appeals. 1460 U.S. 991. 2494 F.2d 951. The opinion recites that the conspiracy count on which the petitioner was convicted “alleged a conspiracy to rob federally insured banks with dangerous weapons and to commis murder to avoid apprehcnsion for game.” 424 F. 2d, at 953. The court went on to say, “As to Bostic, although he had been returned to the penitentiary sometime before Fergieon's murder, there is no ovideniee that he had renounced or withdrawa {seu the causpiraey.” 424 2d, ot 964. bo 27h Fo FevLOSuRB é +