SWEENEY v. BALKCOM

No. 21785.

358 F.2d 415 (1966)

James C. SWEENEY, Appellant, v. R. P. BALKCOM, Jr., Warden, Appellee.

United States Court of Appeals Fifth Circuit.

March 22, 1966.


Attorney(s) appearing for the Case

Harry Griffin, Jr., Atlanta, Ga., for appellant.

Peyton S. Hawes, Jr., Asst. Atty. Gen., Albert Sidney Johnson, Deputy Asst. Atty. Gen., Atlanta, Ga., Eugene Cook, Atty. Gen., Atlanta, Ga., on the brief, for appellee.

Before BROWN, WISDOM, and THORNBERRY, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Because Georgia law accords to certain public officials the right to appear before and be heard by the grand jury prior to being indicted for malfeasance in office. Appellant, who was convicted of robbery in state court and who as a nonofficial was not given the opportunity to appear before the grand jury which indicted him, claims that his petition for habeas corpus should have been granted on the ground that he was denied equal protection...

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