WHITUS v. BALKCOM

No. 20797.

333 F.2d 496 (1964)

Phil WHITUS and Leon Davis, Appellants, v. R. P. BALKCOM, Jr., Warden, State Penitentiary, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

June 18, 1964.


Attorney(s) appearing for the Case

B. Clarence Mayfield, Savannah, Ga., P. Walter Jones, Albany, Ga., for appellant.

Albert Sidney Johnson, Asst. Atty. Gen., of Georgia, Eugene Cook, Atty. Gen., William L. Grayson, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.


WISDOM, Circuit Judge.

The difficulties this post-conviction habeas corpus problem presents inhere in the dilemma in which a Negro defendant is placed when he is brought to trial in a state court in a county where Negroes are systematically excluded from juries.1 The matrix within which this problem developed is the social structure of the deep South.

The two Negro petitioners were tried in the Superior Court of Mitchell County...

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