Norris v. Alabama

294 U.S. 587 (1935)

Facts

D is one of nine negro boys who were indicted in March, 1931 for the crime of rape. Eight were convicted. The Supreme Court of Alabama reversed the conviction of one of these and affirmed that of seven, including D. D is one of nine negro boys who were indicted in March 1931 for the crime of rape. Eight were convicted. The Supreme Court of Alabama reversed the conviction of one of these and affirmed that of seven, including D. The Supreme Court reversed the judgments upon the ground that the defendants had been denied due process of law in part from the inability of the defendants at that time to obtain counsel, to make an effective appointment of counsel to aid them in preparing and presenting their defense. After the remand, a motion for a change of venue was granted and the cases were transferred to Morgan County. D made a motion to quash the indictment upon the ground of the exclusion of negroes from juries in Jackson County where the indictment was found. The same motion was made in Morgan County. The charge was of long-continued, systematic, and arbitrary exclusion of qualified negro citizens from service on juries, solely because of their race and color, in violation of the Constitution of the United States. The trial judge denied the motion. D was convicted and sentenced to death. On appeal, the Supreme Court of the State considered and decided the federal question which D had raised, and affirmed the judgment. D appealed.