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Barr v. City of Columbia, 378 U.S. 146 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Barr v. City of Columbia, 378 U.S. 146 (1964)
Barr v. City of Columbia No. 9 Argued October 14-15, 1963 Decided June 22, 1964 378 U.S. 146
CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA
Syllabus
Petitioners, Negro "sit-in" demonstrators, were arrested by police officers for criminal trespass and breach of the peace following their peaceful refusal to leave a Columbia, South Carolina, drug store lunch counter where they had been refused service. In appealing convictions for breach of the peace, the petitioners took general exceptions which, though the same as those the State Supreme Court held adequate to raise questions of the sufficiency of the evidence in other recent cases, were held by that court which affirmed lower court convictions on both charges in this case to be inadequate for that purpose here.
Held:
1. State procedural requirements not strictly or regularly followed cannot deprive this Court of the right to review. P. 149.
2. This Court will not assume that the State Supreme Court, on the merits, would have held petitioners punishable for both trespass and breach of the peace based on their peacefully remaining at the lunch counter after they had been asked to leave. P. 150.
3. The breach of peace convictions cannot stand, there having been no evidence to support them. Thompson v. City of Louisville, 362 U.S. 199, followed. P. 151.
Judgments of conviction in 239 S.C. 395,123 S.E.2d 521, for breach of the peace reversed and remanded, and for criminal trespass reversed and remanded per curiam for reasons stated in Bouie v. City of Columbia, post, p. 347.
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Chicago: U.S. Supreme Court, "Syllabus," Barr v. City of Columbia, 378 U.S. 146 (1964) in 378 U.S. 146 378 U.S. 147. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HCWEEDFITT99W8T.
MLA: U.S. Supreme Court. "Syllabus." Barr v. City of Columbia, 378 U.S. 146 (1964), in 378 U.S. 146, page 378 U.S. 147. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HCWEEDFITT99W8T.
Harvard: U.S. Supreme Court, 'Syllabus' in Barr v. City of Columbia, 378 U.S. 146 (1964). cited in 1964, 378 U.S. 146, pp.378 U.S. 147. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HCWEEDFITT99W8T.
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