Willie B. BROOKS, Appellant,
v.
Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
July 29, 1966.
July 29, 1966.
Attorney(s) appearing for the Case
William VanDercreek, Dallas, Tex. (court-appointed), for appellant.
Charles B. Swanner, Asst. Atty. Gen., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.
John Doar, Asst. Atty. Gen., David L. Norman, Albert S. Pergam, Charles R. Nesson, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.
Before TUTTLE, Chief Judge, and BROWN, WISDOM, GEWIN, BELL, THORNBERRY and COLEMAN, Circuit Judges.
United States Court of Appeals Fifth Circuit.
JOHN R. BROWN, Circuit Judge:
Unlike the other cases1 heard en banc, this one does not challenge the exclusion of Negroes from grand or trial juries. Rather, this case seeking habeas from a Texas conviction for rape complains of purposeful inclusion of Negroes in the grand jury returning the indictment.
Following the exhaustion of state remedies and rejection of this challenge...
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