Patton v. State

This case appears before this Court for the second time. Our affirmance upon the first appeal, 201 Miss. 410, 29 So.2d 96, was reversed under directions of the United States Supreme Court.332 U.S. 463, 68 S.Ct. 184, 92 L.Ed. 76, 1 A.L.R. 2d 1286; Id.,203 Miss. 265, 33 So.2d 456. This appeal is from a second conviction of murder, the judgment imposing the death penalty.

(Hn 1) We examine first the refusal of the trial court to quash the indictment upon the ground that, because of an alleged systematic and deliberate exclusion of Negroes from the jury lists, the indictment was found by an…