norris v alabama majority opinion
That testimony leads to the conclusion that these or other negroes were not excluded on account of age, or lack of esteem in the community for integrity and judgment, or because of disease or want of any other qualification. 839, in relation to exclusion from service on grand juries: 'Whenever by any action of a state, whether through its Legislature, through its courts, or through its executive or administrative officers, all persons of the African race are excluded, solely because of their race or color, from serving as grand jurors in the criminal prosecution of a person of the African race, the equal protection of the laws is denied to him, contrary to the Fourteenth Amendment of the Constitution of the United States. On being brought to trial in that county, eight were convicted. Within the memory of witnesses long resident there, no negro had ever served on a jury in that county or had been called for such service. One of the latter, who was a member of the commission which made up the jury roll for the grand jury which found the indictment, testified that he had 'never known of a single instance where any negro sat on any grand or petit jury in the entire history of that county.'. ", But, in appraising the action of the commissioners, these statements cannot be divorced from other testimony. The expert was not cross-examined and no testimony was introduced to contradict him.1 In denying the motion to quash, the trial judge expressed the view that he would not 'be authorized to presume that somebody had committed a crime' or to presume that the jury board 'had been unfaithful to their duties and allowed the books to be tampered with.' 751; Davis, Director General, v. Wechsler, 263 U.S. 22, 24, 44 S.Ct. The total population of Morgan County in 1930 was 46,176, and, of this number, 8,311 were negroes. It was supported by the testimony of officials. The general attitude of the jury commissioner is shown by the following extract from his testimony: "I do not know of any negro in Morgan County over twenty-one and under sixty-five who is generally reputed to be honest and intelligent and who is esteemed in the community for his integrity, good character, and sound judgment, who is not an habitual drunkard, who isn't afflicted with a permanent disease or physical weakness which would render him unfit to discharge the duties of a juror, and who can read English, and who has never been convicted of a crime involving moral turpitude.". A. I couldn't recall any, no, sir, I don't know. 47, p. 55), in force at the time the jury roll in question was made up, the clerk of the jury board was required to obtain the names of all male citizens of the county over twenty-one and under sixty-five years of age, and their occupation, place of residence and place of business.
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