John Winston Prince v. Dr. George J. Beto, Director, Texas Department of Corrections

GEWIN, Circuit Judge:

John Winston Prince, appellee, was convicted of the felony offense of burglary in Scurry County, Texas on November 18, 1959 and was sentenced to life imprisonment. The gravamen of the charge was that Prince broke into the apartment of Ella Mae Andrews in the nighttime with the intent to commit rape. After exhausting state court remedies, 1 Prince initiated this habeas corpus proceeding contending that Negroes were systematically excluded from Scurry County juries and that his trial did not comport with standards of “fundamental fairness" guaranteed by the due process…