RICHARDSON v. STATE

6 Div. 97.

241 So.2d 119 (1970)

Clyde RICHARDSON, Jr., alias v. STATE.

Court of Criminal Appeals of Alabama.

November 17, 1970.


Attorney(s) appearing for the Case

Demetrius C. Newton, Birmingham, Norman C. Amaker, New York City, for appellant.

MacDonald Gallion, Atty. Gen., and W. Mark Anderson, III, Special Asst. Atty. Gen., for the State.


CATES, Judge.

Murder, first degree: life sentence.

The sole question here is raised by a denial of a motion to quash the indictment on an allegation of systematic exclusion of Negroes from the grand jury. The indictment was in the Birmingham Division of the Jefferson Circuit Court.

We consider the appellant failed to carry the burden of proof of purposeful omission.

The defense hypothesis was that in certain precincts of that part of the county...

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