Hollins v. Oklahoma, 295 U.S. 394 (1935)
U.S. Supreme Court
Hollins v. Oklahoma, 295 U.S. 394 (1935)Hollins v. Oklahoma
No. 686
Argued April 29, 30, 1935
Decided May 13, 1935
295 U.S. 394
Syllabus
The evidence in this case shows that the petitioner, a negro, is entitled under the Fourteenth Amendment to a new trial because of the exclusion of negroes from jury service solely on account of their race or color.
56 Okla.Cr. 275, 284, 38 P.2d 36, reversed.
Certiorari, 294 U.S. 704, to review the affirmance of a conviction upon a charge of rape.
U.S. Supreme Court
Hollins v. Oklahoma, 295 U.S. 394 (1935)Hollins v. Oklahoma
No. 686
Argued April 29, 30, 1935
Decided May 13, 1935
CERTIORARI TO THE CRIMINAL COURT
OF APPEALS OF OKLAHOMA
Syllabus
The evidence in this case shows that the petitioner, a negro, is entitled under the Fourteenth Amendment to a new trial because of the exclusion of negroes from jury service solely on account of their race or color.
56 Okla.Cr. 275, 284, 38 P.2d 36, reversed.
Certiorari, 294 U.S. 704, to review the affirmance of a conviction upon a charge of rape.
PER CURIAM.
Petitioner was convicted in the District Court of Okmulgee County, Oklahoma, upon an information charging rape. At the trial, petitioner challenged the jury panel upon the ground that negroes for a long period had been excluded from jury service in that county solely on account of their race or color, and that this discrimination had deprived petitioner of the equal protection of the laws in violation of the Constitution of the United States. Evidence was taken by the trial court upon this issue, the challenge was overruled, and petitioner excepted. Upon appeal, the federal question was presented to the Criminal Court of Appeals and was decided against petitioner. This Court granted a writ of certiorari, April 1, 1935.
From its examination of the evidence, the Court is of the opinion that the case calls for the application of the principles declared in Neal v. Delaware, 103 U. S. 370, 103 U. S. 397, and Norris v. Alabama, 294 U. S. 587.
The judgment is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed.
Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.
