for trial. A grand jury convened and on October 20, 1874 returned an indictment similar to that of May 20, 1872. Strauder's arraignment on the new indictment took place on November 2, 1874. At the arraignment, Strauder and his counsel moved to quash the new indictment and to remove the case to federal court on grounds that West Virginia law precluded non-white citizens from grand and petit jury service. During the course of the first trial, an act regarding trial procedure had passed as part of the 1873 reconstruction of the West Virginia courts in consequence of the new state constitution; the act of March 12, 1873 provided "[a]ll white male persons, who are twenty-one years of age and not over sixty, and who are citizens of this State, shall be liable to serve as jurors, except as herein provided." The only exception provided regarded service as a state official. The judge denied both motions. Strauder then demurred each count contained in the indictment and was again overruled. At that point, Strauder pleaded not guilty to the indictment, and the trial proceeded to jury selection, which resulted in an all-white jury. Strauder's counsel raised an objection to the composition of this jury was entered, but the court overruled the objection. The trial continued through November 4 when the case went to the jury for deliberations. On November 5, the jury returned a verdict of guilty and a sentence of death. Strauder and his counsel moved for a new trial on grounds of an impartial juror and that the jury contained no jurors of Strauder's race, for which arguments were heard January 5, 1875. The court denied the motion, and proceeded to sentence Strauder to death by hanging on January 9, 1875. Second appeal Arguments before the Supreme Court of Appeals of West Virginia took place June 27, 1876. Strauder's counsel raised 11 points of exception. The supreme court handed down its ruling on November 17, 1877, relying on the opinions of the Supreme Court of the United States in The Slaughter-House Cases and Bradwell v. Illinois to find the Fourteenth Amendment had not been "intended to protect the citizens of any State against unjust legislation by their own State." The Supreme Court consequently affirmed the trial court's denial of the motion to remove of the case to federal court as correct. Strauder's case was then sent back to the Circuit