BOSWELL v. STATE OF ALA.

Nos. 74-3839, 74-3840.

537 F.2d 100 (1976)

Thomas A. BOSWELL, Petitioner-Appellant, v. STATE OF ALABAMA et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 16, 1976.


Attorney(s) appearing for the Case

Jack Sprinkle, Mobile, Ala. (Court-Appointed), for petitioner-appellant.

Thomas W. Sorrells, Daniel J. Thompson, Carol Jean Smith, Asst. Attys. Gen., William J. Baxley, Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before TUTTLE, GODBOLD and DYER, Circuit Judges.


GODBOLD, Circuit Judge:

In this habeas corpus case brought by a state prisoner the principal issue is whether petitioner was tried before an impartial jury. The day prior to his trial he appeared, shackled and in prison garb, before the jury venire from which on the following day his trial jury was selected. The District Court denied the writ, and we affirm.

Boswell was convicted in the Circuit Court of Mobile County, Alabama, of selling marijuana in violation...

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