In Durham, N.C., which has an ordinance requiring racial segregation in public eating places, five Negro students and two white students were convicted of criminal trespass for sitting at a lunch counter where only white people customarily were served and refusing to leave when requested by the manager. Held: A judgment affirming their conviction is vacated and the case is remanded to the Supreme Court of North Carolina for consideration in the light of Peterson v. City of Greenville, ante, p. 244.
Reported below: 253 N.C. 580, 118 S.E.2d 47.
PER CURIAM.
The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for consideration in the light of Peterson v. City of Greenville, ante, p. 244. Patterson v. Alabama, 294 U.S. 600.
[For opinion of MR. JUSTICE HARLAN, see ante, p. 248.]