Holiday v. State

I must respectfully dissent. The petitioner makes factual allegations with reference to systematic exclusion of members of his race from the indicting grand jury. Only by a thorough evidentiary hearing can the validity of those allegations be determined. If those charges are true his conviction was and is unconstitutional and void.

I pointed out in my dissent in State ex rel. Willie Lee Henderson v. Russell, Tenn.Crim.App., 459 S.W.2d 176, that an indictment returned against a Negro by a grand jury from which members of his race were systematically excluded is unconstitutional and void,…