Legal Opinion · Dissent
Golden Frinks v. State of North Carolina, George Kirby v. State of North Carolina
Court of Appeals for the Fourth Circuit
Decided October 4, 1972No. 71-2125, 72-1202Published
1DissentSobeloff, Senior Circuit Judge
The State of North Carolina has charged Golden Frinks and George Kirby, two individuals who in the past had been active in peaceful civil rights demonstrations, with engaging in riots at Piece Goods Shop and J. M. Fields in Wilmington, North Carolina. Additionally, Frinks was charged with inciting the riots.
The two men filed removal petitions under 28 U.S.C. § 1443(1),1 alleging that the prosecutions were an attempt by the state to punish them for having exercised or attempted to exercise rights and privileges secured by Title II of the 1964 Civil Rights Act.2 They deny being present at the…
2Cases cited10 opinions
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Georgia v. RachelSupreme Court of the United States · 1966
- Hamm v. City of Rock HillSupreme Court of the United States · 1964
- The State of South Carolina v. James Edward MooreCourt of Appeals for the Fourth Circuit · 1971
- David Whatley v. City of VidaliaCourt of Appeals for the Fifth Circuit · 1968
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