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SPRATLEY v. PADERICK

No. 74-1326.

528 F.2d 733 (1975)

Frank Lee SPRATLEY, Appellant, v. E. L. PADERICK, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1975.

Attorney(s) appearing for the Case

George K. Walker, Winston-Salem, N.C. (Court-appointed) (Wake Forest University School of Law, on brief), for appellant.

Gilbert W. Haith, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Virginia, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WIDENER, Circuit Judge, and HALL, District Judge.

PER CURIAM:

The petitioner sought a writ of habeas corpus, claiming that he was convicted by a jury selected in a racially discriminatory manner. The district court denied the petition. We disagree and find that the petitioner has made out a prima facie case of discrimination, but that the state must have an opportunity to present evidence in rebuttal of that showing.

On February 2, 1966, an Isle of Wight County, Virginia jury convicted Frank Lee Spratley...

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