People v. Montgomery

Appeal from an order refusing to assume jurisdiction to act in any way upon the motion of defendant to vacate the judgment of conviction while the appeal from such, judgment was pending.

Defendant was convicted of pandering. The judgment of conviction was affirmed by this court (Division One) September 29, 1941. While his appeal was pending he presented his motion to vacate the judgment of conviction on the following grounds: (1) that the indictment of defendant was returned by a grand jury consisting entirely of white persons while he was a negro; (2) that there had been a systematic…