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UNITED STATES v. ELLINGSWORTH

Civ. A. No. 74-48.

408 F.Supp. 568 (1975)

UNITED STATES of America ex rel. David PRESTON, Petitioner, v. Hon. John J. ELLINGSWORTH, Warden, Sussex Correctional Institution, Respondent.

United States District Court, D. Delaware.

January 2, 1975.

Attorney(s) appearing for the Case

John B. Kennedy, Wilmington, Del., for petitioner.

J. Dallas Winslow, Jr., Deputy Atty. Gen., Wilmington, Del., for respondent.

MEMORANDUM OPINION

STAPLETON, District Judge:

This is a habeas corpus proceeding. Petitioner, a black, was indicted by an all white grand jury for the armed robbery of a liquor store in Kent County, Delaware. Counsel was appointed from the public defender's office. Petitioner was tried and convicted by an all white petit jury.

At trial, after several of the potential jurors had already been seated, petitioner asked his counsel to question the prospective...

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