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te §250—PER CURIAM BOSTIC v. UNITED STATES It now appears that these statements in the opinion of the Court of Appeals and iu the memorandum of the United States were erroncous, and that the facts are not as we belicved them to be at the time we granted the writ. The record shows that the petitioner was neither” charged with nor convicted of the offense of conspiracy to commit murder. The conspiracy count on which the petitioner was convicted did not include any charge of conspiracy to murder. Indeed, in his closing argument to the jury the prosecutor stated that the y,-titioner had left the conspiracy prior to the murder, when he was ’ returned to the penitentiary. Inasmuch as our grant of the writ of certiorari in this ease was predicated on the mistaken representation that the petitioner had been convicted of the offense of con- spiracy to commit murder, we now dismiss the writ as improvidently granted. Tt is so ordered..