100 U.S. 303 (1880)
Defendant, plaintiff in error, was convicted of murder. Prior to trial, he petitioned for removal under U.S. Rev. Stat. § 641, which provided for removal when individuals in state court were denied their civil rights. Defendant objected to the fact that black men were ineligible for jury duty under 1873-73 W. Va. Act 102.
- The court held that the state statute unconstitutionally discriminated on the basis of race and that it amounted to a denial of equal protection.
- The court further ruled that the congressional power to enforce U.S. Constitutional Amendment XIV gave Congress sufficient authority to enact the federal removal statute.
- The court concluded that Congress had the power to authorize removal when a right under federal law or the U.S. Constitution was involved.
- Therefore, it was error for the state trial court to proceed to trial after defendant filed for removal based on a denial of equal protection.
The court reversed the judgment of the state supreme court and remitted the case with instructions to reverse the judgment of the state trial court.
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