H. W. McCreight v. State of South Carolina and Ellis C. MacDougall Director, South Carolina State Board of Corrections

U.S. Court of Appeals for the Fourth Circuit April 11, 1969

H. W. McCreight v. State of South Carolina and Ellis C. MacDougall Director, South Carolina State Board of Corrections, 408 F.2d 1018 (4th Cir. 1969)

1969 U.S. App. LEXIS 12847

Haynsworth, Bryan, Craven

Opinion

PER CURIAM:

When tried in 1962 for the murder of his wife, McCreight offered as his only defense a claim that the shooting was accidental. The claim was in the face of rather strong conflicting evidence offered by the State, and an all-male jury convicted him.

In this habeas corpus proceeding, Mc-Creight complains of the exclusion of women from the jury. In 1962, women were ineligible for jury service in South Carolina, though that no longer is the case. Exclusion of women from jury service in that state is now a relic of the past.

Under the circumstances, we find no deprivation of any constitutional right which Is cognizable in collateral proceedings.

Affirmed.

Reference

Full Case Name: H. W. McCREIGHT, Appellant, v. STATE OF SOUTH CAROLINA and Ellis C. MacDougall, Director, South Carolina State Board of Corrections, Appellees
Status: Published