Powell v. Alabama

287 U.S. 45 (1932)

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Nature of the Case

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Facts

Powell (Ds), together with a number of other negroes, were upon a freight train on its way through Alabama. On the same train were seven white boys and the two white girls. A fight took place between the negroes and the white boys in the course of which the white boys, with the exception of one named Gilley, were thrown off the train. A message was sent ahead, reporting the fight and asking that every negro be gotten off the train. The participants in the fight, and the two girls were in an open gondola car. The two girls testified that each of them was assaulted by six different negroes in turn, and they identified the seven defendants as having been among the number. None of the white boys was called to testify, with the exception of Gilley, who was called in rebuttal. A sheriff's posse seized Ds and two other negroes. 'The boys' were ignorant and illiterate. All of them were residents of other states. Immediately upon the return of the indictment, Ds were arraigned and pleaded not guilty. Apparently, they were not asked whether they had, or were able to, employ counsel, or wished to have counsel appointed, or whether they had friends or relatives who might assist in that regard if communicated with. Six days after indictment, the trials began. When the first case was called, the state's attorney replied that he was ready to proceed. No one answered for the defendants or appeared to represent or defend them. Until the very morning of the trial, no lawyer had been named or definitely designated to represent Ds. Within the course of ten days after the crime was alleged to have been committed, the defendants were indicted, arraigned, tried, convicted, and sentenced to death. Until the morning of trial, no lawyer had been named or definitely designated to represent the defendants. Before that, the trial judge had merely 'appointed all the members of the bar for the [sole] purpose of arraigning the defendants.' The defense lawyer that was eventually appointed had no time to conduct any investigation or to prepare for trial.