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GIBSON v. BLAIR

No. 72-1971 Summary Calendar.

467 F.2d 842 (1972)

Ronald GIBSON, Petitioner-Appellant, v. Willie J. BLAIR, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 1972.

Attorney(s) appearing for the Case

Debra A. Millenson, George M. Strickler, Jr., Elie, Strickler & Dennis, New Orleans, La., for petitioner-appellant.

William G. Guste, Jr., Atty. Gen., Baton Rouge, La., John N. Gallaspy, Bogalusa, La., W. W. Erwin, Dist. Atty., 22nd Judicial District, Franklinton, La., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Appellant, a black resident of Bogalusa, Louisiana, was indicted on September 21, 1970, by a grand jury of Washington Parish, Louisiana, for the crime of simple battery. On January 8, 1971, appellant timely filed in the state court a motion to quash the indictment on the grounds that blacks had been unconstitutionally excluded from the general venire of Washington Parish, from which grand jury members for the Parish are chosen. At the hearing...

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