364 U.S.

443
81 S.Ct. 229
5 L.Ed.2d 192

Harry R. THOMAS, petitioner,

v.
STATE OF VIRGINIA, respondent.
No. 43.

Supreme Court of the United States

Argued Nov. 10, 1960.
November 21, 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.
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 * * *.'