EVANS v. UNITED STATES

No. 18478.

435 F.2d 708 (1970)

Stephen Luther EVANS, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided December 14, 1970.


Attorney(s) appearing for the Case

Stephen L. Evans, pro se.

Louis C. Bechtle, U. S. Atty., Philadelphia, Pa. (Richard R. Galli, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and STALEY and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This appeal has been taken from a district court's dismissal without hearing of a federal prisoner's motion under 28 U.S. C. § 2255, collaterally attacking his conviction of robbery.

In an attempt to show racial discrimination in jury selection the movant, a Negro, has asserted that only one member of his race was among the 12 petit jurors and 2 alternates who tried him and that there were only 2 Negroes among...

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