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IRVIN v. STATE

66 So.2d 288 (1953)

IRVIN v. STATE.

Supreme Court of Florida, en Banc.

Rehearing Denied July 27, 1953.

Attorney(s) appearing for the Case

Alex Akerman, Jr., Orlando, Thurgood Marshall, New York City, and Paul C. Perkins, Orlando, and Elwood H. Chilsom, New York City, for appellant.

Richard W. Ervin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for appellee.

THOMAS, Justice.

A judgment convicting the appellant and another of rape was affirmed by this Court. Shepherd v. State, Fla., 46 So.2d 880. On certiorari the Supreme Court of the United States reversed our judgment apparently on the sole ground that there had been discrimination against the Negro race in the selection of the grand jury that returned the indictment, hence that petitioners' rights under the 14th Amendment of the Constitution...

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