WHITUS v. STATE

41420, 41421.

112 Ga. App. 328 (1965)

145 S.E.2d 83

WHITUS v. THE STATE. DAVIS v. THE STATE.

Court of Appeals of Georgia.

Decided September 8, 1965.

Rehearing Denied September 22, 1965.


Attorney(s) appearing for the Case

P. Walter Jones, B. Clarence Mayfield, for plaintiffs in error.

Fred B. Hand, Jr., Solicitor General, contra.


NICHOLS, Presiding Judge.

These cases were appealed to the Supreme Court and transferred by that court to this court. Both defendants were indicted for murder but before such indictments were returned each defendant filed a challenge to the array of the grand jury based upon the deliberate exclusion and inclusion of negroes on the grand jury. After hearing evidence upon the issue thus made the trial court overruled the challenges to the array and it is on such judgment...

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