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AARON v. CAPPS

No. 74-2526.

507 F.2d 685 (1975)

Drewey AARON, Jr., Petitioner-Appellant, v. Walter CAPPS, Warden, Draper Prison, Elmore, Alabama, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 2, 1975.

Attorney(s) appearing for the Case

Howard A. Mandell, Charles S. Conley, Montgomery, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., David W. Clark, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before BELL, AINSWORTH and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 2, 1975.

AINSWORTH, Circuit Judge:

Drewey Aaron, a black man, was convicted in 1960 in an Alabama state court for the forcible rape of a white woman. His petition for a writ of habeas corpus herein alleges that he was charged and convicted by grand and petit juries which were unconstitutionally selected, and that he was denied a public trial. District Judge Frank Johnson denied Aaron's application, finding that...

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