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Abstract

Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to them and they did not prove that a "blue ribbon" jury is a "convicting jury." Four justices dissented. Fay v. People of the State of New York, Bove v. People of the State of New York, (U.S. 1947) 67 S.Ct. 1613.

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