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DAVIS v. UNITED STATES

No. 71-6481.

411 U.S. 233 (1973)

DAVIS v. UNITED STATES.

Supreme Court of United States.

Decided April 17, 1973.

Attorney(s) appearing for the Case

Melvin L. Wulf argued the cause and filed briefs for petitioner.

Edward R. Korman argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Petersen, and Sidney M. Glazer.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

We are called upon to determine the effect of Rule 12 (b) (2) of the Federal Rules of Criminal Procedure on a post-conviction motion for relief which raises for the first time a claim of unconstitutional discrimination in the composition of a grand jury. An indictment was returned in the District Court charging petitioner Davis, a Negro, and two white men with entry into a federally insured bank with intent...

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