Barrett v. Smith

Felton, Justice.

1. The 1967 case of Whitus v. Georgia, 385 U. S. 545 (87 SC 643, 17 LE2d 599), will not be given retroactive application in this case in which no challenge to the array of jurors, on the ground of racial discrimination, was made at the time of the appellant’s trial in 1945. Brawner v. Smith, 225 Ga. 296 (167 SE2d 753), cert. den. 396 U. S. 927 (90 SC 262, 24 LE2d 225); Gresham v. Smith, 226 Ga. 290 (1) (174 SE2d 420). Furthermore, the contention merely that petitioner is "being held in violation of his constitutional rights” is not, by itself, a sufficient reason for setting…