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

> Court of Appeals for the Fifth Circuit · May 9, 1969 · 438 F.2d 1147

URL: https://www.frixlaw.com/law-library/cases/295077

## Case

- **Full name:** Charles FLEMING, Petitioner-Appellant, v. Asa KELLY, Director, State Board of Corrections, Atlanta, Georgia, Et Al., Respondents-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** May 9, 1969
- **Citations:** 438 F.2d 1147; 1969 U.S. App. LEXIS 12456
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Tuttle, Simpson, Cassibry
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/295077

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/295077. Public record. Not legal advice.