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Concurring Opinion
Stewart

[p. 13] Mr. Justice Stewart, concurring.

I have previously expressed the belief that "it is simply not possible for a state law to be valid under our Constitution which makes the criminality of an act depend upon the race of the actor." McLaughlin v. State of Florida, 379 U.S. 184 (concurring opinion). Because I adhere to that belief, I concur in the judgment of the Court.