Gibbs v. State

CATES, Judge.

This is the second appeal. See Gibbs, v. State, 44 Ala.App. 15, 200 So.2d 518.

I

The grand jury, April 24, 1968, reindicted Gibbs for voluntary manslaughter. Code 1940, T. 14, § 320. He moved to quash both the indictment and the petty jury venire because of systematic exclusion of Negroes, from the Marengo County rolls. The motion was denied, with the court reporter (but not the clerk) writing up this ruling.

In brief the Attorney General wrote in part:

“The United States District Court for the Southern District of Alabama in *32Jones v. Holliman, Civil Action No. 3944-65, [422 F.2d…