State v. Brower

HUSKINS, Justice.

Defendants move to quash the petit jury array on the ground that potential Negro jurors were systematically excluded solely on the basis of race. In support of their motion to quash defendants submitted identical affidavits alleging that 24 percent of the population of Montgomery County is black (1970 Census of Population, “General Population Characteristics of North Carolina,” Table 34, page 125, marked Defendants’ Exhibit A), while only 8 (or 13.56 percent) of the 59 veniremen drawn and available to serve were black. The trial court denied the motion on the ground that the…