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STEPHENS v. COX

No. 15111.

449 F.2d 657 (1971)

Abner Junior STEPHENS, Appellant, v. J. D. COX, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

October 12, 1971.

Attorney(s) appearing for the Case

Henry W. McLaughlin, III, Halifax, Va. (Court-assigned counsel), [Henry W. McLaughlin, Jr., and McLaughlin & McLaughlin, Halifax, Va., and F. Guthrie Gordon, III, and Lowe, Dwoskin & Gordon, Charlottesville, Va., on the brief], for appellant.

Overton P. Pollard, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and MILLER, District Judge.

HAYNSWORTH, Chief Judge:

The petitioner, having exhausted his state remedies, sought habeas corpus relief in the district court on the ground that systematic discrimination was practiced against Negroes in the selection of grand and petit juries in Halifax County, Virginia in 1968, the year in which he was tried for murder. Relying on a hearing conducted at the petitioner's trial in the state court, the district court dismissed the petition, 315...

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