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MUNIZ v. BETO

No. 28617.

434 F.2d 697 (1970)

Samuel E. MUNIZ, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1970.

Attorney(s) appearing for the Case

Joseph A. Calamia, John L. Fashing, El Paso, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen., of Tex., Allo B. Crow, Jr., Asst. Atty. Gen., Austin, Tex., Barton Boling, Dist. Atty., El Paso, Tex., Gilbert J. Pena, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

GOLDBERG, Circuit Judge:

We deal here with a constitutional right of no meager or paltry dimension. Basic to our decision in this case is the hallowed concept that the right to a grand jury chosen without discrimination is not a mere constitutional frill or furbelow.

This appeal is prosecuted by Samuel E. Muniz from the denial of his petition for a writ of habeas corpus in the United States District Court for the...

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