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HAIRSTON v. COX

No. 14768.

459 F.2d 1382 (1972)

King HAIRSTON, Appellant, v. J. D. COX, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1972.

Attorney(s) appearing for the Case

Daniel H. Pollitt, Chapel Hill, N. C. (Court-appointed counsel), for appellant.

Robert E. Shepherd, Jr., Asst. Atty. Gen., Va. (Andrew P. Miller, Atty. Gen., Virginia, on brief), for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

In this appeal by a Negro state prisoner who sought a federal writ of habeas corpus on the ground of systematic exclusion of Negroes from the grand jury which indicted him and the petit jury which tried and convicted him, we think that petitioner established a prima facie case. Accordingly, we reverse the order denying the writ and remand the case for an evidentiary hearing to afford the State the...

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