In "Batson", the judge dismissed several potential jurors for various causes. The defense peremptorily challenged nine potential jurors and the prosecution peremptorily challenged six, including all four black persons. As a result, only white persons were selected. The defense counsel moved to discharge the whole jury on the ground that the prosecutor's removal of the black jurors violated petitioner's rights under the Sixth and Fourteenth Amendments to a jury drawn from a cross section of the community, and under the Fourteenth Amendment to equal protection of the laws. Without expressly ruling on petitioner's request for a Hearing, the trial judge denied the motion, and the jury ultimately convicted the defendant.