State v. Carter

WASSERSTROM, Chief Judge.

Defendant appeals from convictions by jury of robbery, first degree, and rape. He assigns five points of error, the first of which has merit and requires reversal. To the extent that they are likely to recur on retrial, his other points will be briefly considered.

The determinative issue on this appeal is defendant’s contention that his motion to quash the jury panel should have been sustained because of the option given to women not to serve. This practice was held unconstitutional in Duren v. State, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979).

The State,…