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SWAIN v. ALABAMA

No. 64.

380 U.S. 202 (1965)

85 S.Ct. 824

13 L.Ed.2d 759

SWAIN v. ALABAMA.

Supreme Court of United States.

Decided March 8, 1965.

Attorney(s) appearing for the Case

Constance Baker Motley argued the cause for petitioner. With her on the brief were Jack Greenberg, James M. Nabrit III, Orzell Billingsley, Jr., Peter A. Hall and Michael Meltsner.

Leslie Hall, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was Richmond M. Flowers, Attorney General of Alabama.

MR. JUSTICE WHITE delivered the opinion of the Court.

The petitioner, Robert Swain, a Negro, was indicted and convicted of rape in the Circuit Court of Talladega County, Alabama, and sentenced to death. His motions to quash the indictment, to strike the trial jury venire and to declare void the petit jury chosen in the case, all based on alleged invidious discrimination in the selection of jurors, were denied. The Alabama Supreme Court affirmed the conviction, 275...

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