Charles Fleming v. Asa Kelly, Director, State Board of Corrections, Atlanta, Georgia
Charles FLEMING, Petitioner-Appellant, v. Asa KELLY, Director, State Board of Corrections, Atlanta, Georgia, Et Al., Respondents-Appellees
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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