Opinion
No. 73-1856.
Argued April 1, 1974.
Decided April 29, 1974.
Charles Stephen Ralston, New York City (Charles M. L. Mangum, Lynchburg, Va., Court-appointed, and Jack Greenberg, New York City, on brief), for appellant.
Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellee.
Appeal from the United States District Court for the Western District of Virginia, at Lynchburg; H. E. Widener, Jr., Circuit Judge, sitting by designation.
Complaining that the juries indicting and convicting him were unconstitutionally chosen through a systematic exclusion and underrepresentation of blacks, James Murray Carrington, himself a black, in his petition in habeas corpus seeks discharge from the custody of the Virginia penitentiary. He is confined pursuant to sentences in the Circuit Court of Appomatax County in 1970 for rape and in 1971 for abduction. The District Court refused the writs and Carrington appeals. For reasons included in the opinion of the District Judge, we decline to disturb the judgment. Carrington v. Slayton, Jr., Superintendent, 359 F. Supp. 189 (W.D.Va. 1973).
Affirmed.