People v. Dessaure

The July, 1946, Grand Jury having returned an indictment for assault in the second degree against the defendant, the latter moved to vacate the indictment on the ground that the grand jury ‘1 was unconstitutionally formed in that there was a systematic and intentional exclusion of negroes from said grand jury ”. In his affidavit in support of the notice of motion the defendant made the same allegation. This was, of course, the allegation merely of a conclusion. He added, however, that no Negro had been called to serve upon the grand jury in Nassau County and attached the affidavits of three…