393 U.S. 218

89 S.Ct. 440

21 L.Ed.2d 389

Carmine Vincent PALMIERI, petitioner,v.

State of FLORIDA.

No. 131.

Supreme Court of the United States

December 9, 1968Rehearing Denied Jan. 13, 1969.

See 393 U.S. 1045, 89 S.Ct. 611.

Phillip Goldman, Miami, Fla., for petitioner.

Harold Mendelow, Tallahassee, Fla., for respondent.

On writ of Certiorari to the Supreme Court of Florida.

PER CURIAM.

1 The petitioner was convicted of robbery in the Criminal Court of Dade County,Florida, and the judgment of conviction was affirmed by the District Court ofAppeal, 189 So.2d 512, and the Supreme Court of Florida, 198 So.2d 633. Wegranted certiorari because the case appeared to present a substantialconstitutional question concerning the admissibility at trial of 'lineup'identifications made after the petitioner was arrested without probable cause forthe sole purpose of gathering evidence against him. 391 U.S. 934, 88 S.Ct.1850, 20 L.Ed.2d 853. However, upon the complete review of the record thathas now become possible, and in the light of oral argument by able andconscientious counsel, it has become evident that the legality of the petitioner'sarrest was not at issue in the Florida appellate courts, and is not challengedhere. Accordingly, the writ is dismissed as improvidently granted. It is soordered.