US SUPREME COURT DECISIONS

An actual discrimination by the officers charged with the administration of statutes unobjectionable in themselves against the race of a negro on trial for a crime by purposely excluding negroes from the grand and petit juries of the county will not be presumed, but must be proved. An affidavit of the persons under indictment, annexed to a motion to quash the indictment on the ground of such discrimination, stating that the facts set up in the motion are true "to their best knowledge, information and belief" is not evidence of the facts stated. Smith v. Mississippi, 162 U. S. 592, followed; Carter v. Texas, 177 U. S. 442, distinguished.

Under the decisions of the Supreme Court of Florida, objections to the panels of grand juries not appearing of record must be taken by plea in abatement of, and not by motion to quash, the indictment.

The case is stated in the opinion of the Court.