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Atlanta, Fulton County, Georgia
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James Avery sentenced to 20 years for 1950 rape after U.S. Supreme Court ordered retrial due to racially segregated jury selection in Georgia.
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By International News Service
A 24-year-old Walker County Negro, James Avery, was sentenced to 20 years in prison Friday in the culmination of his second trial for rape. Avery was accused of a criminal assault upon a white woman near Chicamauga in October, 1950. He was convicted the following year and sentenced to die in the electric chair, but the U. S. Supreme Court ordered a new trial on grounds that the Fulton County Jury Commission segregated names of jurors by printing names of Negroes on yellow paper and names of white persons on white paper. In his second trial, Avery was tried without a jury and found guilty with a recommendation for mercy, which made the 20-year sentence mandatory.
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Location
Near Chicamauga In Walker County
Event Date
October 1950
Story Details
James Avery, a 24-year-old Walker County Negro, was sentenced to 20 years in prison in his second trial for raping a white woman near Chicamauga in October 1950. He was first convicted and sentenced to death in 1951, but the U.S. Supreme Court ordered a new trial due to segregated jury names. In the second trial without a jury, he was found guilty with mercy recommendation, mandating 20 years.