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MOULTRIE v. MARTIN

No. 81-6493.

690 F.2d 1078 (1982)

Joseph Clemmie MOULTRIE, Appellant, v. Joseph R. MARTIN, Warden, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1982.

Attorney(s) appearing for the Case

Dennis N. Balske, Montgomery, Ala. (Charles B. Macloskie, Beaufort, S. C., on brief), for appellant.

Lindy P. Funkhouser, Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., Columbia, S. C., on brief), for appellees.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

Petitioner has appealed the denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, claiming that his incarceration by South Carolina authorities is illegal. He asserts that he was denied equal protection under the fourteenth amendment because blacks allegedly were underrepresented on the grand jury which indicted him. Moultrie's claim is based wholly on statistics. He claims that he proved by way of statistics a...

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