Tom C. Clark

“ Doubtless recognizing the necessity of showing systematic or intentional discrimination, petitioner made an offer of proof phrased as follows, 'I want to show by the police records that there are thousands and thousands of individuals in this city that are walking around that have committed many more offenses than the defendant that have never been charged with vagrancy.' This offer was made in connection with a subpoena addressed to the local police records section. ”

“ Petitioner stands convicted under § 647 (5) of the Penal Code of California, which provides in relevant part that 'Every * * * dissolute person * * * Is a vagrant, and is punishable by a fine of not exceeding five hundred dollars ($500) , or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.' The conviction was affirmed by the Appellate Department of the Los Angeles County Superior Court in an order which recited that the appeal had been submitted without argument. ”

“ This is not a case in which there is serious doubt about the nature of the ground on which the decision below rested. Cf. State Tax Commission v. Van Cott, 1939, 306 U.S. 511, 59 S.Ct. 605, 83 L.Ed. 950 ”