Bush v. Kentucky
107 U.S. 110 (1883)

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U.S. Supreme Court

Bush v. Kentucky, 107 U.S. 110 (1883)

Bush v. Kentucky

Decided January 29, 1883

107 U.S. 110

Syllabus

1. Where the circuit court quashes an indictment found against the prisoner in a state court, wherefrom the cause was on his petition removed, it has no jurisdiction to proceed against him for the crime against the state wherewith he was charged.

2. Where the highest court of the state had declared to be unconstitutional her statute whereby, because of their race and color, citizens of African descent were excluded from grand and petit juries, and it had further decided that the officer summoning or selecting jurors must disregard race or color, a person of that descent against whom a criminal prosecution was subsequently instituted in the state court has no just ground for declaring in advance of a trial that he was denied, or that in the state tribunals he cannot enforce, the equal civil rights secured to him as a citizen by the Constitution or the statutes of the United States. The case was not, therefore, removable to the circuit court, nor should the panel of petit jurors be set aside simply on the ground that it consisted wholly of white persons.

3. Where, pursuant to such a statute and before its unconstitutionality was so declared, the grand jurors were selected who found the indictment against the prisoner, a person of that descent, the court of original jurisdiction should, on his motion, set aside the indictment.

The case is stated in the opinion of the Court.

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