Moore et al. v. New York (333 U.S. 565)
U.S. Supreme Court · decided March 29, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 565 · 68 S. Ct. 705
- Decided
- March 29, 1948
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. Petitioners were indicted in Bronx County, New York, on February 11, 1947, for the crime of murder in the first degree. The District Attorney moved the court for an order that the trial be by a special jury, pursuant to New York law, which motion was granted over opposition on behalf of defendants by assigned counsel. One hundred and fifty names were drawn from the special jury panel, under supervision of a Justice of the State Supreme Court, in the presence of defendants’ counsel and without objection. When the case was called for trial defendants, as permitted by the state practice, served a written challenge to the panel of jurors upon the following grounds: 1. That § 749-aa of the Judiciary Law of the State of New York is in violation of § 1 of the Fourteenth Amendment to the Constitution of the United States. 2. That qualified Negro jurors were improperly excluded from the list of special jurors, from which said jury panel was drawn. 3. That qualified women jurors were improperly excluded from the list of special jurors, from which said jury panel was drawn. After full hearing, the challenge was disallowed and petitioners were tried and convicted. On appeal to the Court of Appeals, the third ground of challenge to the jury panel was abandoned and the convictions were affirmed. 297 N. Y. 734, 77 N. E. 2d 25. We…
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