Dan Witcher v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

(dissenting) :

I am unable to agree that Witcher’s allegations in support of his habeas corpus writ have been proved.

Two claims are made by petitioner.

First, that prima, facie evidence of discrimination was to be found in the percentile disparity in the ratio of Negro jurors to White jurors when measured against the total White to Negro population in Pittsylvania County, Virginia, in 1963.

Second, that a prima facie case of discrimination was made manifest by the indication “COL” opposite the names of Negroes chosen for jury service. These claims are asserted against both the State grand jury…