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GRESHAM v. SMITH

25718.

226 Ga. 290 (1970)

174 S.E.2d 420

GRESHAM v. SMITH, Warden.

Supreme Court of Georgia.

Decided April 9, 1970.

Attorney(s) appearing for the Case

William H. Gresham, pro se.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, for appellee.

FELTON, Justice.

1. The 1967 case of Whitus v. Georgia, 385 U.S. 545 (87 S.C. 643, 17 LE2d 599), will not be given retroactive active application in this case in which no challenge to the array of jurors, on the ground of racial discrimination, was made at the time of the appellant's trial on October 15, 1960. Brawner v. Smith, 225 Ga. 296 (2) (167 S.E.2d 753

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