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EX PARTE PENN

85-1095.

539 So.2d 319 (1987)

Ex parte Edward Eugene PENN. (Re Edward Eugene Penn v. State of Alabama).

Supreme Court of Alabama.

February 20, 1987.

Attorney(s) appearing for the Case

James M. Kendrick, Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen., and James F. Hampton of McLain & Hampton, Spec. Asst. Atty. Gen., for respondent.

ADAMS, Justice.

We granted certiorari in this case to determine if the trial court erred in putting the defendant, Edward Penn, to trial where the district attorney used his peremptory strikes to remove only blacks from the petit jury venire. The Court of Criminal Appeals affirmed the conviction, 539 So.2d 316, relying on the test enunciated in Swain v. Alabama, 380...

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