Edward N. Jackson v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Georgia

In his petition for the writ of habeas corpus filed below, appellant, a Georgia state prisoner, alleged that Negroes were systematically excluded from his grand and petit juries. The district court denied the petition for failure to exhaust state remedies. We affirm.

This is the second time appellant has brought this issue before this Court. In Jackson v. Smith, 5th Cir. 1970, 435 F.2d 1284, this Court affirmed the district court’s dismissal of the issue for failure to exhaust state remedies. In the interim appellant has not presented the issue to any state court, but he contends that it would…