Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
On our previous remand, we held that petitioner was entitled to “his day in court on his allegations of systematic exclusion of Negroes from the grand and petit juries sitting in his case.” 377 U. S. 129, 133. Petitioner was thereupon afforded an evidentiary hearing on his allegations. Although the evidence was in dispute regarding the inclusion of Negroes in the grand and petit jury venires in the county in which petitioner was indicted and tried, it appeared that no Negro served on the grand jury which indicted or the petit jury which convicted petitioner. It further appeared that up to the time of petitioner’s trial, no Negro had ever served on a grand jury panel and few, if any, Negroes had served on petit jury panels. This “testimony in itself made out a prima facie case of the denial of the equal protection which the Constitution guarantees.” Norris v. Alabama, 294 U. S. 587, 591. In the absence of evidence adduced by the State adequate to rebut the prima facie case, petitioner was therefore entitled to have his conviction reversed. Arnold v. North Carolina, 376 U. S. 773; Eubanks v. Louisiana, 356 U. S. 584; Reece v. Georgia, 350 U. S. 85, 87-88; Hernandez v. Texas, 347 U. S. 475, 481; Hill v. Texas, 316 U. S. 400, 406; Norris v. Alabama, supra.
On our independent examination of the record, we are unable to discover any evidence adduced by the State adequate to rebut petitioner’s prima facie case. The Alabama Supreme Court, in affirming the trial court’s denial of relief, acknowledged that the evidence indicated “a disparity” and stated only that “that disparity can be explained by a number of other factors.” 280 Ala. 509, 512, 195 So. 2d 800, 802. The only factors mentioned, however, were that Negroes had moved away from the county and that some may have been under the statutory disqualification of having suffered a felony conviction. In the circumstances of this case these factors were not in our view sufficient to rebut petitioner’s prima facie case.
The judgment of the Alabama Supreme Court is therefore reversed and the case is remanded to that court for further proceedings not inconsistent with this opinion.
It is so ordered.
What follows is an opinion from the Supreme Court of the United States. Your task is to identify whether administrative action occurred in the context of the case prior to the onset of litigation. The activity may involve an administrative official as well as that of an agency. To determine whether administration action occurred in the context of the case, consider the material which appears in the summary of the case preceding the Court's opinion and, if necessary, those portions of the prevailing opinion headed by a I or II. Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law. If an agency or agency official "denies" a "request" that action be taken, such denials are considered agency action. Exclude: a "challenge" to an unapplied agency rule, regulation, etc.; a request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred; a mere request for an agency to take action when there is no evidence that the agency did so; agency or official action to enforce criminal law; the hiring and firing of political appointees or the procedures whereby public officials are appointed to office; attorney general preclearance actions pertaining to voting; filing fees or nominating petitions required for access to the ballot; actions of courts martial; land condemnation suits and quiet title actions instituted in a court; and federally funded private nonprofit organizations.