avery
georgia
argued
april
decided
may
notwithstanding
timely
challenge
ground
racial
discrimination
contrary
equal
protection
clause
fourteenth
amendment
array
petit
jurors
selected
try
case
state
petitioner
negro
convicted
rape
names
prospective
jurors
selected
jury
commissioners
names
white
persons
printed
white
tickets
names
negroes
yellow
tickets
placed
together
jury
box
judge
drew
number
tickets
box
testified
without
contradiction
discriminated
drawing
tickets
drawn
handed
sheriff
entrusted
clerk
whose
duty
arrange
tickets
type
final
form
list
persons
called
serve
panel
persons
panel
jury
selected
none
negro
although
many
negroes
available
service
held
conviction
reversed
pp
record
case
petitioner
made
prima
facie
showing
discrimination
organization
particular
jury
panel
pp
petitioner
proved
prima
facie
case
discrimination
selection
jury
burden
upon
state
overcome
prima
facie
case
failed
pp
georgia
trial
petitioner
convicted
rape
sentenced
death
georgia
affirmed
granted
certiorari
reversed
frank
gleason
argued
cause
filed
brief
petitioner
blackshear
deputy
assistant
attorney
general
georgia
argued
cause
respondent
brief
eugene
cook
attorney
general
lamar
sizemore
assistant
attorney
general
paul
webb
chief
justice
vinson
delivered
opinion
petitioner
tried
rape
superior
fulton
county
georgia
convicted
sentenced
death
georgia
affirmed
overruling
petitioner
contention
jury
convicted
selected
means
repugnant
equal
protection
clause
fourteenth
amendment
granted
certiorari
review
claim
indictment
upon
petitioner
tried
returned
grand
jury
walker
county
georgia
change
venue
granted
cause
removed
fulton
county
proper
pleadings
petitioner
negro
challenged
array
petit
jurors
selected
try
case
charged
discrimination
practiced
members
race
testimony
taken
thereafter
trial
overruled
challenge
salient
facts
developed
hearing
undisputed
georgia
law
task
organizing
panels
petit
jurors
criminal
cases
falls
upon
county
board
jury
commissioners
discharging
responsibility
commissioners
stated
intervals
select
prospective
jurors
county
tax
returns
list
printed
names
white
persons
list
printed
white
tickets
names
negroes
printed
yellow
tickets
tickets
white
yellow
placed
jury
box
judge
superior
draws
number
tickets
box
tickets
handed
sheriff
turn
entrusts
clerk
clerk
duty
arrange
tickets
type
final
form
list
persons
called
serve
panel
approximately
sixty
persons
selected
make
panel
jury
particular
case
drawn
judge
picked
tickets
bearing
names
persons
composing
panel
testified
ever
practiced
discrimination
way
discharge
duty
contradictory
evidence
yet
fact
remains
single
negro
panel
state
concedes
negroes
available
jury
service
fulton
county
told
negroes
generally
serve
juries
courts
county
question
must
decide
based
upon
independent
analysis
record
whether
petitioner
made
sufficient
showing
discrimination
organization
particular
panel
think
jury
commissioners
officials
responsible
selection
panel
constitutional
duty
follow
procedure
course
conduct
operate
discriminate
selection
jurors
racial
grounds
hill
texas
failed
duty
conviction
must
reversed
matter
strong
evidence
petitioner
guilt
law
established
decisions
spanning
seventy
years
interpretation
meaning
equal
protection
petitioner
charge
discrimination
jury
selection
case
springs
jury
commissioners
use
white
yellow
tickets
obviously
practice
makes
easier
discriminate
mind
discriminate
practice
authorization
georgia
statutes
simply
enjoin
commissioners
select
upright
intelligent
men
serve
jurors
important
note
georgia
case
specifically
disapproved
use
separately
colored
tickets
fulton
county
saying
constituted
prima
facie
evidence
discrimination
agree
even
white
yellow
tickets
drawn
jury
box
without
discrimination
opportunity
available
resort
stages
selection
process
view
case
us
single
negro
selected
serve
panel
sixty
though
many
available
think
petitioner
certainly
established
prima
facie
case
discrimination
affirmed
however
petitioner
failed
prove
particular
act
discrimination
particular
officer
responsible
selection
jury
state
argues
petitioner
burden
fill
factual
vacuum
agree
vacuum
one
state
must
fill
moving
sufficient
evidence
dispel
prima
facie
case
discrimination
held
georgia
recently
followed
decisions
prima
facie
case
discrimination
presented
burden
falls
forthwith
upon
state
overcome
state
failed
meet
test
reversed
justice
jackson
took
part
consideration
decision
case
footnotes
norris
alabama
neal
delaware
rogers
alabama
norris
alabama
supra
pierre
louisiana
cassell
texas
code
ann
see
crumb
state
norris
alabama
supra
hill
texas
patton
mississippi
crumb
state
supra
justice
reed
concurring
concur
reversal
concurrence
based
undisputed
facts
presented
record
facts
make
prima
facie
case
discrimination
selection
petitioner
jury
follows
population
fulton
county
negroes
comprise
tax
receiver
digest
jury
list
selected
white
citizens
negroes
jury
list
year
question
white
negroes
list
number
drawn
service
divisions
evidently
week
term
service
venire
trial
jury
avery
selected
numbered
white
facts
establish
prima
facie
case
discrimination
record
rebut
justice
frankfurter
concurring
undisputed
drawings
made
box
containing
white
colored
slips
differentiated
according
racial
lines
white
white
veniremen
yellow
colored
slips
indiscriminately
placed
box
drawn
box
county
judge
testimony
recent
member
county
board
jury
commissioners
use
white
yellow
slips
designed
purposes
racial
discrimination
shown
serve
purpose
far
particular
facts
case
concerned
may
accept
testimony
judge
drew
slips
box
honesty
purpose
testimony
refute
fact
opportunities
discriminate
experience
tells
us
inevitably
differentiating
slips
used
case
opportunities
obvious
partly
aperture
box
sufficiently
wide
make
open
view
color
slips
partly
subsequent
use
abuse
made
slips
however
fairly
drawn
however
may
opportunity
working
discriminatory
system
exists
whenever
mechanism
jury
selection
component
part
slips
differentiates
white
colored
mechanism
certainly
countenanced
discriminatory
result
reached
stark
resulting
phenomenon
somehow
despite
fact
slips
yellow
negro
got
onto
panel
jurors
avery
jury
selected
mind
justice
merely
eyes
blind
attribute
occurrence
mere
fortuity
accordingly
concur
judgment