Avent v. North Carolina, 373 U.S. 375 (1963)

Avent v. North Carolina


No. 11


Argued November 5, 7, 1962
Decided May 20, 1963
373 U.S. 375

CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA

Syllabus

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.