United States Ex Rel. Brodie Byron Davis v. C. Murray Henderson, Warden of Louisiana State Penitentiary

GOLDBERG, Circuit Judge:

This is an appeal from a denial of a petition for a writ of habeas corpus. Finding that petitioner’s allegations concerning the composition of the grand and petit juries that indicted and tried him should be re-investigated in light of Peters v. Kiff, 1972, 407 U.S. 493, 92 S.Ct. 2163, 33 L.Ed.2d 83, we vacate in part and remand.

Petitioner, Brodie Byron Davis, a white man, was found guilty of murder on November 21, 1958, in the Fourth Judicial District Court for Ouachita Parish, Louisiana, and the jury fixed his penalty at death. His conviction and sentence were…