Legal Opinion
Gresham v. Smith
Supreme Court of Georgia
Decided April 9, 1970No. 25718PublishedCited by 3 opinions
1Opinion of the Court
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 on October 15, 1960. Brawner v. Smith, 225 Ga. 296 (2) (167 SE2d 753), cert. den. 396 U. S. 927 (90 SC 262, 24 LE2d 225). Enumerated errors 1 and 2 are without merit.
2. Enumerated error 3 is that “The court below erred in finding as a matter of law that no constitutional right of the appellant had been violated and…
2Cases cited4 opinions
- Whitus v. GeorgiaSupreme Court of the United States · 1966
- Salisbury v. GrimesSupreme Court of Georgia · 1967
- Brawner v. SmithSupreme Court of Georgia · 1969
- Burson v. GreshamSupreme Court of Georgia · 1966
3Cited by3 opinions
- Dean Rene Peters v. C. P. Kiff, Warden, MacOn Prison Branch, MacOn County, Ga.Court of Appeals for the Fifth Circuit · 1971
- Barrett v. SmithSupreme Court of Georgia · 1971
- Dean Rene Peters v. C. P. Kiff, Warden, MacOn Prison Branch, MacOn County, Ga.Court of Appeals for the Fifth Circuit · 1971