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.


1
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.


2
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:


3
'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 * * *.'

