BLACKBURN v. ALABAMA.
No. 426.
Argued May 2, 1957.
Decided June 17, 1957.
Truman Hobbs argued the cause and filed a brief for petitioner.
Paul T. Gish, Jr., Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief were John Patterson, Attorney General, and Bernard F. Sykes, Assistant Attorney General.
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. Minnesota v. National Tea Co., 309 U. S. 551.
stay, petition, or motion granted affirmed (includes modified) reversed reversed and remanded vacated and remanded affirmed and reversed (or vacated) in part affirmed and reversed (or vacated) in part and remanded vacated petition denied or appeal dismissed certification to or from a lower court no disposition