Commonwealth of Virginia v. Leah B. Morris, Hollis B. Morris, Herman Trent and Frank Brown

HAYNSWORTH, Chief Judge:

The defendants, charged in the state court with assault and battery upon two white men1 sought to remove their cases under Title 28 U.S.C.A. § 1443(1). The sole ground is a claim of jury discrimination with which we dealt in Commonwealth of Virginia v. Wallace, 4 Cir., 357 F.2d 105, decided this day.

For the reasons there stated, remand of these cases to the state court was proper.

Affirmed.. The incident had no other racial connotation.