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COLE v. STATE

442 S.W.2d 246 (1969)

Eugene COLE, Petitioner, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

June 13, 1969.

Attorney(s) appearing for the Case

Larimore Burton, Jr., and Philip M. Carden, Nashville, for petitioner.

W.R. Kinton, Jr., Dist. Atty. Gen., Alamo, and Robert H. Dedman, Nashville, Special Counsel for the State, for respondent.

OPINION

HUMPHREYS, Justice.

Eugene Cole, a Negro, filed a plea in abatement to three indictments charging him with rape, armed robbery, and burglary, on the ground the indictments were void, because of either systematical exclusion or the systematical inclusion of Negroes on the grand jury returning the indictments. After a full evidentiary hearing the plea in abatement was overruled. Petitioner thereupon sought review of the trial court's interlocutory...

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