Whitus v. Georgia

In Whitus v. Georgia, 385 U.S. 545 (1967) the jury commissioners made up the jury list from which both traverse and grand jurors were selected by reference to the tax digest, which was segregated into sections-one with white sheets for white people and the other with yellow sheets for Negroes-and to an old jury list required by former law to be made up from the tax digest. The Supreme Court concluded that "under such a system the opportunity for discrimination was present," and on the record before us we could not say that that opportunity "was not resorted to by the commissioners." 385 U.S., at 552.