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BROWN v. CRAWFORD

No. 541.

98 F.Supp. 866 (1951)

BROWN v. CRAWFORD, Warden.

United States District Court E. D. North Carolina, Raleigh Division.

July 19, 1951.

Attorney(s) appearing for the Case

Herman L. Taylor, Raleigh, N. C., Hosea V. Price, Winston-Salem, N. C., for petitioner.

Ralph Moody, Asst. Atty. Gen. of North Carolina, R. Brookes Peters, Jr., Gen. Counsel, State Highway & Public Works Commission, Raleigh, N. C., for respondent.

GILLIAM, District Judge.

The petitioner was convicted of the capital offense of rape in the Superior Court of North Carolina, sitting in Forsyth County, and thereupon sentenced to death as provided by the North Carolina statute. Before pleading to the indictment the petitioner moved to quash upon the ground that there had been systematic and arbitrary exclusion of Negroes solely on account of race. The Court heard evidence from the petitioner and afforded him and...

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