Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia

Fifth Circuit

Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia

438 F.2d 1147, 1969 U.S. App. LEXIS 12456

Court of Appeals for the Fifth Circuit·Decided May 9, 1969·No. 26872_1·Published

Opinion

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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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.

Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia, 438 F.2d 1147, 1969 U.S. App. LEXIS 12456 (5th Cir. 1969).

Pincite

438 F.2d 1147 (Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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