Legal Opinion

Banks v. State

Alabama Court of Appeals

Decided October 6, 1964No. 7 Div. 723PublishedCited by 4 opinions

1Opinion of the Court

CATES, Judge.

These are six consolidated appeals by Negroes convicted of remaining on the premises of the City Pharmacy in Talladega after being requested by one of the owners to leave. Code 1940, T. 14, § 426.1. The sole question — but not briefed by .the appellants — is whether or not the prosecution of the defendants was private or State action. By “State action” we include such pervasive devices as have been found to bear on or discommode private business so as to contribute to segregation through organs of the State, including its creatures. See Peterson v. Greenville, 373 U.S. 244, 83…

2Cases cited15 opinions

  1. Marsh v. AlabamaSupreme Court of the United States · 1946
  2. Civil Rights CasesSupreme Court of the United States · 1883
  3. Martin v. City of StruthersSupreme Court of the United States · 1943
  4. Bell v. MarylandSupreme Court of the United States · 1964
  5. Peterson v. City of GreenvilleSupreme Court of the United States · 1963

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hernandez v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Ex parte Constance Dalphne BanksAlabama Court of Appeals · 1965
  3. Thomas v. City of BirminghamAlabama Court of Appeals · 1964
  4. Allen v. StateAlabama Court of Appeals · 1964

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