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STATE OF LOUISIANA v. NEWTON

No. 21675.

343 F.2d 161 (1965)

STATE OF LOUISIANA, Appellant, v. Lester NEWTON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 15, 1965.

Attorney(s) appearing for the Case

Teddy W. Airhart, Jr., Asst. Atty. Gen., Baton Rouge, La., F. Jean Pharis, Dist. Atty., Alexandria, La., Jack P. F. Gremillion, Atty. Gen. of Louisiana, for appellant.

Camille F. Gravel, Jr., Alexandria, La., for appellee.

Before WHITAKER, Senior Judge, and RIVES and JONES, Circuit Judges.

PER CURIAM:

The district judge, upon a full and able opinion,1 found that Negroes were systematically excluded from the Grand Jury which indicted Newton, and declared his conviction unconstitutional, void and of no effect. We are in full agreement with the opinion and decision of the district court and its judgment is therefore

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