STATE v. CORNELL

No. 9.

187 S.E.2d 768 (1972)

281 N.C. 20

STATE of North Carolina v. Julius CORNELL et al.

Supreme Court of North Carolina.

April 12, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Jacob L. Safron, and Associate Atty. Gen. Edwin M. Speas, Jr., for the State.

James E. Ferguson, II, Chambers, Stein, Ferguson & Lanning, Charlotte, and James E. Keenan, Paul & Keenan, Durham, for defendants.


BRANCH, Justice.

The primary question presented by this appeal is whether the trial judge correctly quashed the bills of indictment and the petit jury venire on the grounds of systematic and arbitrary exclusion of qualified Negroes from the jury list.

The State first contends that the trial judge erred in basing critical findings of fact on the testimony of the witness Foltz as to his recollection concerning the contents of records which he had prepared. The...

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