Ralph W. Allen, a white man, was indicted in Dougherty County for the penal offense of assault with intent to murder which is not a capital offense. Before arraignment, he moved to quash the indictment on the ground that the grand jurors who indicted him were selected from lists prepared by jury commissioners who had systematically, arbitrarily and deliberately excluded all Negroes therefrom and for that reason the indictment is violative of his rights under the equal protection and due process clauses of the Fourteenth Amendment to the Constitution of the United States. He also moved that he not be tried by the jurors then serving who had been selected from traverse jury lists which had been likewise prepared by the jury commissioners. His motions were overruled and the exception is to that judgment. Held:
C. B. King, Thomas M. Jackson, for plaintiff in error.