Legal Opinion

McEachern v. State

Supreme Court of Arkansas

Decided June 28, 1920Published

Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; The exclusion of all persons of the African race from the grand jury because of race denied appellant of the equal protection of the laws and is in violation of our Constitution. Carter v. Texas, Adv. Sheets U. S. Rep., p. 690, April 16,1900; 100 U. S. 303; 103 Id. 370-397; 162 Id. 565; 16 Sup. Ct.

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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; The exclusion of all persons of the African race from the grand jury because of race denied appellant of the equal protection of the laws and is in violation of our Constitution. Carter v. Texas, Adv. Sheets U. S. Rep., p. 690, April 16,1900; 100 U. S. 303; 103 Id. 370-397; 162 Id. 565; 16 Sup. Ct. Rep. 904; 109 U. S. 65-7. See, also, 162 U. S. 592; 170 Id. 213. The testimony fails to establish the guilt of appellant. 1. The jury commissioners testified, that.they selected the best men obtainable for jury service without…

1Opinion of the CourtSmith, J.

Appellant has prosecuted this appeal to reverse a judgment sentencing her to the penitentiary upon a conviction for arson. Appellant is a person of color, and she complains that she was discriminated against on that account in the trial of the cause in the court below, in that no member of her race was permitted to serve upon either the grand jury which indicted her, or upon the petit jury before which she was tried. She also complains that the testimony was not sufficient to support the verdict.

The only error assigned in the motion for a new trial is that' “ the verdict is against the law…

2Cases cited4 opinions

  1. Howcott v. KilbournSupreme Court of Arkansas · 1884
  2. Naylor v. McNairSupreme Court of Arkansas · 1909
  3. Ferguson v. EhrenrergSupreme Court of Arkansas · 1882
  4. Deitz v. LensingerSupreme Court of Arkansas · 1905

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