State of Louisiana v. Newton

Full title: STATE OF LOUISIANA, Appellant, v. Lester NEWTON, Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 15, 1965

343 F.2d 161 (5th Cir. 1965)

Opinion

No. 21675.

March 18, 1965. Rehearing Denied April 15, 1965.

Teddy W. Airhart, Jr., Asst. Atty. Gen., Baton Rouge, La., F. Jean Pharis, Dist. Atty., Alexandria, La., Jack P.F. Gremillion, Atty. Gen. of Louisiana, for appellant.

Camille F. Gravel, Jr., Alexandria, La., for appellee.

Before WHITAKER,^_ Senior Judge, and RIVES and JONES, Circuit Judges.

_ Of the United States Court of Claims, sitting by designation.

PER CURIAM:

The district judge, upon a full and able opinion,¹ found that Negroes were systematically excluded from the Grand Jury which indicted Newton, and declared his conviction unconstitutional, void and of no effect. We are in full agreement with the opinion and decision of the district court and its judgment is therefore

1 Reported in 224 F. Supp. 330. See also the following later decisions: Coleman v. State of Alabama, 1964, 377 U.S. 129, 84 S.Ct. 1152, 12 L.Ed.2d 190; Whitus v. Balkcom, 5 Cir. 1964, 333 F.2d 496; Cobb v. Balkcom, 5 Cir. 1964, 339 F.2d 95.

Affirmed.