Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia
This text of 438 F.2d 1147 (Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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438 F.2d 1147, 1969 U.S. App. LEXIS 12456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-fleming-v-asa-kelly-director-state-board-of-corrections-ca5-1969.