The U.S. Supreme Court this week agreed to review the case of a Birmingham, Ala. Negro arrested and sentenced to death…

Press Release
January 12, 1961

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The U.S. Supreme Court this week agreed to review the case of a Birmingham, Ala. Negro arrested and sentenced to death… preview

Cite this item

  • Press Releases, Loose Pages. The U.S. Supreme Court this week agreed to review the case of a Birmingham, Ala. Negro arrested and sentenced to death…, 1961. 7af915e2-bc92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/b3942c8f-7792-4c5b-bee9-002ccbcb6969/the-us-supreme-court-this-week-agreed-to-review-the-case-of-a-birmingham-ala-negro-arrested-and-sentenced-to-death. Accessed November 23, 2025.

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NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE «+ NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS © Sa THURGOOD MARSHALL 
President Director-Counsel 

January 12, 1961 

NEW YORK. -- The U. S. Supreme Court this week agreed to review 

the case of a Birmingham, Ala. Negro arrested and sentenced to death on 

the charge of "burglary with intent to ravish" a white woman. 

The convicted man, Charles Hamilton, was arrested in October, 1956 

charged with entering a home with intent to burglarize and to rape an 

80 year old white woman. 

While the burglary charge was dropped, Hamilton was sentenced to 

death for "intent to rape" and has been held in Kilby Prison, 

Montgomery, Ala. since April, 1957. 

The case was taken to the U. S. Supreme Court by attorneys for the 

NAACP Legal Defense and Educational Fund in cooperation with Hamilton's 

Alabama lawyers on the ground that Hamilton was denied the services of 

an attorney at the preliminary stages of the proceedings. A lawyer was 

appointed by the court to defend him several days after he was brought 

before the court for arraignment and the entry of plea recorded. 

Legal Defense Fund attorneys contend in their petition to the 

U. S. Supreme Court that this denied Hamilton "due process of law." 

"The right to counsel in cases where the death penalty is involved 

is absolute at every stage of the court proceedings following the 

indictment of the defendants," the attorneys argue. 

They pointed out that the Alabama Supreme Court held last summer 

that under local law an accused did have the right to an attorney be- 

fore arraignment and entry of plea. However, the court denied 

Hamilton's request for a new trial stating that he did not show he was 

harmed by the lack of counsel at the arraignment, 

The major issue raised by Legal Defense attorneys in behalf of 
Ham on is whether the right to counsel at preliminary hearings and 
before arraignment in capital cases is absolute or not. 

Attorneys in the case are Peter Hall and Orzelie Billingsley of 
Birmingham, Ala., and Thurgood Marshall, James M. Nabrit, III and Jack 
Greenberg of the Legal Defense Fund staff in New York. 

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