Witcher v. Peyton

In January 1963 Dan Witcher was convicted by a jury in the Circuit Court of Pittsylvania County, Virginia, on an indictment charging attempted rape and was sentenced to a term of 35 years and one day, the sentence also having been imposed by the jury. After unsuccessfully applying for habeas corpus relief in the state courts and in the federal district court, Witcher sought relief in this court, where, in Witcher v. Peyton, 382 F.2d 707 (4th Cir. 1967), we held that his pleadings stated a prima facie case of unlawful exclusion of members of his race from grand and petit jury service. We reversed the dismissal of his petition and remanded to the district court with instructions to afford petitioner opportunity to prove his claim. Upon a hearing, relief was again denied, the district court being of the opinion that "no deliberate and purposeful discrimination has been established in the selection of the jury at petitioners trial." The case is again before us on an appeal from this decision.