Writ of error

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"The petitioner, Ford T. Johnson, Jr., was convicted of contempt of the Traffic Court of the City of Richmond, Virginia, and appealed his conviction to the Hustings Court, where he was tried without a jury and again convicted.  The Supreme Court of Appeals of Virginia refused to grant a writ of error on the ground that the judgment appealed from was ‘plainly right,’ but the Chief Justice of that court stayed execution of the judgment pending disposition of this petition for certiorari [in the U.S. Supreme Court]."

"The petitioner, a Negro, was seated in the Traffic Court in a section reserved for whites, and when requested to move by the bailiff, refused to do so."

"[T]he arrest and conviction rested entirely on the refusal to comply with the segregated seating requirements imposed in this particular courtroom.  Such a conviction cannot stand, for it is no longer open to question that a State may not constitutionally require segregation of public facilities."