State v. Cofield

EXUM, Chief Justice.

The questions presented are: (1) whether racial discrimination in selection of the grand jury foreman involved in this case would vitiate defendant’s indictment and conviction, and (2) whether defendant has made out a prima facie case of such discrimination in the proceedings against him. We answer both questions affirmatively, reverse the Court of Appeals, and remand the case for a hearing so the state may have an opportunity to rebut defendant’s prima facie case.

I

The state’s evidence at trial tended to show that on 25 June 1984 defendant forced his way into the victim’s…