Cole v. State

Eugene Cole, a Negro, filed a plea in abatement to three indictments charging him with rape, armed robbery, and burglary, on the ground the indictments were void, because of either systematical exclusion or the systematical inclusion of Negroes on the grand jury returning the indictments. After a full evidentiary hearing the plea in abatement was overruled. Petitioner thereupon sought review of the trial court’s interlocutory order by petition for writ of certiorari to the Court of Criminal Appeals. That Court declined to grant the writ, so petitioner has petitioned this Court for the writ.

Thi…