 The case was appealed to the Supreme Court, in part, on the ground that there were no black jurors.Of eligible jurors in the county, 26% were black, but panels since 1953 averaged 10% to 15% black jurors and no black juror had actually served on a petit jury since 1950.In Swain's case, 8 of the 100 empaneled jurors were black, but all were "struck" through peremptory challenges by the prosecution.