Russell Mosley v. Lamont Smith, Warden, Georgia State Prison

This is an appeal from the District Court’s denial of a writ of habeas corpus to a prisoner of the State of Georgia. The case has been before this Court previously and is reported in Mosley v. Dutton, 367 F.2d 913 (5 Cir., 1966).

The District Court’s judgment is affirmed in part, and vacated and remanded in part.

On this appeal four issues are presented which are enumerated as follows:

1. Was the appellant, a white male, denied equal protection because he was indicted by a grand jury and tried by a petit jury from which Negroes and women were excluded? The Court is of the opinion that there is…