TORRES v. DELGADO

No. 74-1316.

510 F.2d 1182 (1975)

Gregorio Sanchez TORRES et al., Petitioners-Appellants, v. Gerardo DELGADO, Warden, et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided February 10, 1975.


Attorney(s) appearing for the Case

Santos P. Amadeo and Jose Enrique Amadeo of Rio Piedras, P. R., on brief for appellants.

Miriam Naveira de Rodon, Sol. Gen., and Candita R. Orlandi, Asst. Sol. Gen., San Juan, P. R., on brief for appellees.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

The single question raised by these appeals from the dismissal of petitions for habeas corpus is the constitutionality of Article II, § 11, subsection 2 of the Constitution of the Commonwealth of Puerto Rico, adopted in 1948, which provides as follows:

"In all prosecutions for a felony the accused shall have the right of trial by an impartial jury composed of twelve residents...

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