COMMONWEALTH OF VIRGINIA v. MORRIS

No. 9587.

357 F.2d 107 (1966)

COMMONWEALTH OF VIRGINIA, Appellee, v. Leah B. MORRIS, Hollis B. Morris, Herman Trent and Frank Brown, Appellants.

United States Court of Appeals Fourth Circuit.

Decided January 21, 1966.


Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. and Anthony G. Amsterdam, Washington, D. C. (Henry L. Marsh, III, Richmond, Va., on brief), for appellants.

J. Segar Gravatt, Special Counsel for the Commonwealth of Virginia (Thomas Stark, III, Commonwealth's Attorney of Amelia County, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.


HAYNSWORTH, Chief Judge:

The defendants, charged in the state court with assault and battery upon two white men1 sought to remove their cases under Title 28 U.S.C.A. § 1443(1). The sole ground is a claim of jury discrimination with which we dealt in Commonwealth of Virginia v. Wallace, 4 Cir., 357 F.2d 105, decided this day.

For the reasons there stated, remand of these cases to the state...

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