STATE v. GARY

No. 856SC326.

337 S.E.2d 70 (1985)

78 N.C. App. 29

STATE of North Carolina v. John Richard GARY.

Court of Appeals of North Carolina.

December 3, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Richard L. Griffin, Raleigh, for State.

Glover & Petersen by James R. Glover, Chapel Hill, for defendant-appellant.


EAGLES, Judge.

I

Defendant moved unsuccessfully before trial to dismiss the indictments against him, alleging violation of his constitutional right to equal protection. Defendant, a black, showed that every grand jury foreman in Halifax County for the past thirty years has been white. According to the 1980 census, 47% of Halifax' population is black. These facts are undisputed, and form the basis for defendant's first assignment of error.

Both sides...

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