Pass v. Caldwell

Jordan, Justice.

Edward Deen Pass appeals a judgment in the Tattnall Superior Court denying his application for a writ of habeas corpus, and remanding him to the custody of the respondent. Held:

1. We affirm. Petitioner claims the trial judge erred in denying the writ on the grounds that appellant did not prove systematic exclusion of blacks from the jury rolls. We do not agree. It was held in United States v. Hyde, 448 F2d 815, 824 that the defendant always has the burden of showing jury discrimination. Evidence of "spectacular” underrepresentation meets the burden, making a prima facie case…