“ Petitioners, two Negroes, approached the Plantation Restaurant in the company of 35 to 40 other Negroes. This restaurant served whites only and carried a sign to that offect on its front door. Pursuant to this policy the owner of the restaurant locked the door against the Negroes, though from time to time he would open the door to admit white customers and relock it after they had entered. The restaurant was some 60 feet from the highway, the property between the restaurant and the highway being owned by the restaurant proprietor. ”

“ For this conduct petitioners were indicted and convicted for violation of § 14-134 of the North Carolina General Statutes, making it an offense to 'go or enter upon the lands of another, without a license therefor' and 'after being forbidden to do so.' The Supreme Court of North Carolina affirmed petitioners' convictions on March 18, 1964. ”