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UNITED STATES EX REL. CHESTNUT v. CRIMINAL CT. OF CITY OF N. Y.

No. 717, Docket 35650.

442 F.2d 611 (1971)

UNITED STATES of America ex rel. Otis CHESTNUT et al., Appellants, v. CRIMINAL COURT OF the CITY OF NEW YORK, George F. McGrath, Commissioner of Corrections of the City of New York, and Frank S. Hogan, District Attorney of New York County, Appellees.

United States Court of Appeals, Second Circuit.

Decided May 5, 1971.

Attorney(s) appearing for the Case

Basil R. Pollitt, New York City (Sanford M. Katz, New York City, of counsel), for appellants.

David Otis Fuller, Jr., Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty. New York County, Michael R. Juviler, Asst. Dist. Atty., of counsel), for appellees.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Petitioners, appealing from the denial of a writ of habeas corpus, have fashioned a wide-ranging challenge to the constitutionality of the New York County (Manhattan) grand jury selection system as it operated in 1964.

Appellants were prosecuted and convicted for criminal contempt upon the recommendation of the Second August 1964 Grand Jury, for refusing to answer questions put to...

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