Jesse BLACKBURN, Petitioner, v. STATE OF ALABAMA.

354 U.S. 393 (77 S.Ct. 1098, 1 L.Ed.2d 1423)

Jesse BLACKBURN, Petitioner, v. STATE OF ALABAMA.

No. 426.

Argued: May 2, 1957.

Decided: June 17, 1957.

Mr. Truman Hobbs, Montgomery, Ala., for the petitioner.

Mr. Paul T. Gish, Jr., Asst. Atty. Gen. of Alabama, Montgomery, Ala., for the respondent.

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PER CURIAM.

The record in this case leaves us uncertain whether petitioner's claim to the protection of the Due Process Clause of the Fourteenth Amendment to the United States Constitution was passed upon by the Court of Appeals of Alabama. 38 Ala.App. 143, 88 So.2d 199. Accordingly, we vacate the judgment of the Court of Appeals and remand the cause to that court in order that it may pass upon this claim. State of Minnesota v. National Tea Co., 309 U.S. 551, 60 S.Ct. 676, 84 L.Ed. 920.

Judgment vacated and cause remanded.

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Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE and Mr. Justice BRENNAN concur, dissenting.

Petitioner has made as strong a showing as possible that he signed the confession when he was insane. Throughout the whole proceeding he has claimed that the confession was involuntary. The Judgment should therefore be reversed. See Chambers v. State of Florida, 309 U.S. 227, 60 S.Ct. 472, 84 L.Ed. 716; Leyra v. Denno, 347 U.S. 556, 74 S.Ct. 716, 98 L.Ed. 948.

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