HAIRSTON v. COX

No. 73-2216.

500 F.2d 584 (1974)

King HAIRSTON, Appellee, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1974.


Attorney(s) appearing for the Case

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Virginia, on brief), for appellant.

Gordon M. Kent, Altavista, Va. [court-appointed counsel] (Kent & Kent, Altavista, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting in banc.


BUTZNER, Circuit Judge:

The sole issue presented by this appeal is whether a Virginia prisoner, King Hairston, is entitled to a writ of habeas corpus on the basis of his complaint that black persons were systematically excluded from his grand and petit juries in 1942. Hairston did not raise this issue at his trial. He initially alleged it in his state habeas proceeding.

We previously found that Hairston had established a prima facie case of systematic exclusion...

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