Hugo Black

“ Yet, when a claim is properly asserted-as in this case-that a citizen whose life is at stake has been denied the equal protection of the country's laws on account of his race, it becomes our solemn duty to make independent inquiry and determination of the disputed facts [7] -for equal protection to all is the basic principle upon which justice under law rests. ”

“ Principles which forbid discrimination in the selection of Petit Juries also govern the selection of Grand Juries. 'It is a right to which every colored man is entitled, that, in the selection of jurors to pass upon his life, liberty, or property, there shall be no exclusion of his race, and no discrimination against them because of their color.' [16] This record requires the holding that the court below was in error both in affirming the conviction of petitioner and in failing to hold that the indictment against him should have been quashed. ”

“ Indictment by Grand jury and trial by jury cease to harmonize with our traditional concepts of justice at the very moment particular groups, classes or races otherwise qualified to serve as jurors in a community-are excluded as such from jury service [8] . The Fourteenth Amendment intrusts those who because of race are denied equal protection of the laws in a State first 'to the revisory power of the higher courts of the State, and ultimately to the review of this court.' [9]
Petitioner's witnesses on the motion were the Clerk of the court-ex-officio a member of the Jury Commission ”