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SPELLER v. CRAWFORD

No. 486-B.

99 F.Supp. 92 (1951)

SPELLER v. CRAWFORD, Warden, Central Prison of Raleigh, N. C.

United States District Court, E. D. North Carolina. Raleigh Division.

Judgments Affirmed November 5, 1951.

Attorney(s) appearing for the Case

Herman L. Taylor, Raleigh, N. C., C. J. Gates, Durham, N. C., for petitioner.

Hughes Rhodes, Asst. Atty. Gen., Ralph Moody, Asst. Atty. Gen., R. Brookes Peters, Jr., General Counsel, State Highway & Public Works Commission, Raleigh, N. C., for respondent.

GILLIAM, District Judge

The petitioner, a negro, has been tried three times before a jury in the Superior Court of Bertie County, North Carolina, and convicted on each trial. The bill of indictment upon which he was tried was returned at the August, 1948 Term of the Superior Court of Bertie County by a Grand Jury consisting of members of both the white and negro races, and charged the petitioner with the crime of rape. The petitioner duly appealed to the Supreme Court...

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