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eBook details

• Title: State Tennessee v. Billy Beal
• Author : At Nashville Court Of Criminal Appeals Of Tennessee
• Release Date : January 06, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

DAUGHTREY, Judge. OPINION The appellant-defendant, Billy Beal, was convicted of armed robbery and sentenced to ten years imprisonment.
On appeal, he challenges (1) the validity of the indictment returned against him, (2) the propriety of an amendment to that
indictment, permitted over his objection, (3) the State's failure to disclose an apparent inconsistency in descriptions of
the robber given by the victim, (4) the validity of the victim's in-court identification of the defendant as her assailant,
and (5) the voluntariness of the defendant's pretrial statement of police. We find no reversible error in connection with
these issues, and we therefore affirm the conviction. Prior to trial, Beal filed a motion to dismiss the indictment on the ground that the "foreman of the Grand Jury returning
said indictment and for many years each and every foreman of the grand jury of Clay County was selected in such a manner so
as to discriminate against and systematically and intentionally exclude women [and blacks] from appointment as Grand Jury
Foreman." At the hearing on this motion, the trial Judge did not testify concerning his method of selecting grand jury foremen
during his almost four years in office. However, the defendant produced evidence that since 1930 only one woman and no blacks
had been appointed to head the Clay County Grand Jury. He further proved, statistically, that the proportion of adult white
women in the county during that period ranged from 46.6% (1930) to 50.6% (1970), and that the number of black adults ranged
from 3.3% (1930) to 2.1% (1970).

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