Opinion

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

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

Court: Court of Appeals for the Fifth Circuit
Filed: May 9, 1969
Status: Published
On the bench: Tuttle, Simpson, Cassibry
Cited by: 0 cases
Authority: More cited than 12.6%

The 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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