Johnson v. State of Virginia

• Court: U.S. Supreme Court
• Writing for the Court: PER CURIAM
• Citation: Johnson v. State of Virginia, 373 U.S. 61, 83 S.Ct. 1053, 10 L.Ed.2d 195 (1963)
• Decision Date: 29 April 1963
• Docket Number: No. 715,715
• Parties: Ford T. JOHNSON, Jr., v. STATE OF VIRGINIA

373 U.S. 61

83 S.Ct. 1053

10 L.Ed.2d 195

Ford T. JOHNSON, Jr.,

v STATE OF VIRGINIA.

No. 715.

April 29, 1963.

PER CURIAM.

The petition for a writ of certiorari is granted, the judgment of the Supreme Court of Appeals of Virginia is reversed, and the case is remanded for proceedings not inconsistent with this opinion.

The petitioner, Ford T. Johnson, Jr., was convicted of contempt of the Traffic Court of the City of Richmond, Virginia, and appealed his conviction to the Hustings Court, where he was tried without a jury and again convicted. The Supreme Court of Appeals of Virginia refused to grant a writ of error on the ground that the judgment appealed from was 'plainly right,' but the Chief Justice of that court stayed execution of the judgment pending disposition of this petition for certiorari.

The evidence at petitioner's trial in the Hustings Court is summarized in an approved statement of facts. According to this statement, the witnesses for the State testified as follows: The petitioner, a Negro, was seated in the Traffic Court in a section reserved for whites, and when requested to move by the bailiff, refused to do so. The judge then summoned the petitioner to the bench and instructed him to be seated in the right-hand section of the courtroom, the section reserved for Negroes. The petitioner moved back in front of the counsel table and remained standing with his arms folded, stating that he preferred standing and indicating that he would not comply with the judge's order. Upon refusal to obey the judge's further direction to be seated, the petitioner was arrested for contempt. At no time did he behave in a...