Reported below: 233 Ark. 999, 350 S.W.2d 302.
The motion for leave to proceed in forma pauperis
the petition for a writ of certiorari are granted.
In this capital case, the Supreme Court of Arkansas sustained
petitioner's conviction against the claim, among others, that, in
violation of the Fourteenth Amendment to the Constitution of the
United States, his involuntary confession of the crime was
introduced in evidence at the trial. Walton v. State,
S.W.2d 302. Petitioner contends that, independently of this claim,
his conviction was unconstitutional because he was not represented
by counsel at the time of his arraignment in the course of which he
acknowledged the voluntariness of his confession, such
acknowledgment being later used in evidence against him at the
When the Arkansas Supreme Court decided this case, it did not
have the benefit of this Court's decision in Hamilton v.
Alabama, 368 U. S. 52
was rendered subsequent to the state court's decision and on the
same day that it denied rehearing upon a petition filed prior
Page 371 U. S. 29
to the announcement of the Hamilton
case. Further, we
are unable to conclude from the record filed in this Court either
that petitioner had counsel at the time of the arraignment
proceedings, or, if not, that he was advised of his right to have
counsel at such proceedings and that he understandingly and
intelligently waived that right.
In these circumstances, we conclude that the judgment of the
Supreme Court of Arkansas should be vacated and the case remanded
to that court for further consideration in light of Hamilton v.
or for such other appropriate proceedings as
may be available under state law for resolution of this
It is so ordered.