w:Supreme Court of the United States, Hale v. Kentucky — Opinion of the Court
“ We are of the opinion that the affidavits, which by the stipulation of the State were to be taken as proof, and were uncontroverted, sufficed to show a systematic and arbitrary exclusion of negroes from the jury lists solely because of their race or color, constituting a denial of the equal protection of the laws guaranteed to petitioner by the Fourteenth Amendment. ”
w:Supreme Court of the United States, Hale v. Kentucky — Opinion of the Court
“ On argument at this bar, the Attorney General of the State expressly disclaimed reliance upon the omission from the original record on appeal of the motion to set aside the indictment, as the fact of the motion had been brought to the attention of the Court of Appeals upon the application for rehearing, and conceded that, if the facts set forth in the affidavits submitted upon that motion were sufficient to show a denial of constitutional right, the judgment should be reversed. ”
w:Supreme Court of the United States, Hale v. Kentucky — Opinion of the Court
“ The affidavit further stated that petitioner could prove by sheriffs of McCracken county, serving respectively from 1906 to 1936, that during their terms no negroes had been summoned for service on any grand or petit jury in the county nor was the name of any negro placed in the hands of the sheriff to be so summoned ”
