Turner v. Smith

Supreme Court of Georgia

Turner v. Smith

175 S.E.2d 653, 226 Ga. 448, 1970 Ga. LEXIS 561

CourtSupreme Court of Georgia

DecidedJune 9, 1970

Docket25815

StatusPublished

Cited by6 cases

This text of 175 S.E.2d 653 (Turner v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turner v. Smith, 175 S.E.2d 653, 226 Ga. 448, 1970 Ga. LEXIS 561 (Ga. 1970).

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Opinion

Nichols, Justice.

This is a petition for a writ of habeas corpus in which it is alleged that the petitioner prisoner was indicted and convicted by illegally constituted grand and trial juries. The defendant was convicted on two counts of armed robbery in 1959 and sentenced to two consecutive terms of 4 to 20 years. The record discloses that the prisoner is a white man apd his complaint is the exclusion of Negroes from the juries. Held:

*449 Submitted May 12, 1970 Decided June 9, 1970. Walter D. Turner, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion 0. Gordon, Dorothy T. Beasley, Assistant Attorneys General, for appellee.

1. Under the decisions of this court in Massey v. Smith, 224 Ga. 721 (164 SE2d 786); Clark v. Smith, 224 Ga. 766 (164 SE2d 790); Brawner v. Smith, 225 Ga. 296 (167 SE2d 753), and cases cited, the judgment of the trial court remanding the prisoner to custody shows no reversible error. Enumerations of error numbered 1 through 5 are without merit.

2. The sixth enumeration of error attempts to raise for the first time a question which was not raised in the- trial court and therefore presents nothing for decision. Compare Moore v. Hanson, 224 Ga. 482 (162 SE2d 429).

Judgment affirmed.

All the Justices concur.

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