BALLEW v. GEORGIA

No. 76-761.

435 U.S. 223 (1978)

BALLEW v. GEORGIA.

Supreme Court of United States.

Decided March 21, 1978.


Attorney(s) appearing for the Case

Michael Clutter argued the cause for petitioner pro hac vice. With him on the brief was Robert Eugene Smith.

Leonard W. Rhodes argued the cause and filed a brief for respondent.*


MR. JUSTICE BLACKMUN announced the judgment of the Court and delivered an opinion in which MR. JUSTICE STEVENS joined.

This case presents the issue whether a state criminal trial to a jury of only five persons deprives the accused of the right to trial by jury guaranteed to him by the Sixth and Fourteenth Amendments.1 Our resolution of the issue requires an application of principles enunciated in Williams v. Florida,

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