Fleming v. Kelly (438 F.2d 1147, 1969)

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.