Harry R. THOMAS, petitioner, v. STATE OF VIRGINIA, respondent.

364 U.S. 443 (81 S.Ct. 229, 5 L.Ed.2d 192)

Harry R. THOMAS, petitioner, v. STATE OF VIRGINIA, respondent.

No. 43.

Argued: Nov. 10, 1960.

Decided: Nov. 10, 1960

Cornelius H. Doherty, Washington, D.C., for petitioner.

Robert D. McIlwaine, III, Richmond, Va., for respondent.

On Writ of certiorari to the Circuit Court of Arlington County of the Commonwealth of Virginia.

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PER CURIAM.

The judgment of the Circuit Court of Arlington County of the Commonwealth of Virginia is reversed and the case is remanded to that court. Blodgett v. Silberman, 277 U.S. 1, 18, 48 S.Ct. 410, 72 L.Ed. 749.

Mr. Justice BLACK dissents for the same reason expressed by Mr. Justice HOLMES in Union Refrigerator Transit Co. v. Kentucky, 199 U.S. 194, 211, 26 S.Ct. 36, 41, 50 L.Ed. 150:

'It seems to me that the result reached by the Court probably is a desirable one, but I hardly understand how it can be deducted from the Fourteenth Amendment * * *.'

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