CHARLES FLEMING, PETITIONER-APPELLANT,
v.
ASA KELLY, DIRECTOR, STATE BOARD OF CORRECTIONS, ATLANTA, GEORGIA, ET AL., RESPONDENTS-APPELLEES

5th Cir. | 1969-05-09
No. 26872
438 F.2d 1147 Court of Appeals for the Fifth Circuit (1969)
Cited by 3 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Other than issues of fact, which were decided adversely to the appellant by the trial court, in this habeas corpus case, the only substantial issue remaining is whether the appellant, a white man, can, by habeas corpus, challenge his conviction on the ground that the Grand Jury by which he was indicted was picked in a manner that excluded members of the Negro race and the use of women jurors.

The case of Mosley v. Smith, Warden, 5 Cir., 404 F. 2d 346, is dispositive of this question.

The judgment is

Affirmed.


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