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

U.S. Court of Appeals for the Fifth Circuit May 9, 1969

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

1969 U.S. App. LEXIS 12456

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.

Reference

Full Case Name: Charles FLEMING, Petitioner-Appellant, v. Asa KELLY, Director, State Board of Corrections, Atlanta, Georgia, Et Al., Respondents-Appellees
Status: Published