Court of Appeals for the Fifth Circuit June 10, 1970, 28146 (William B. Donlavey v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Georgia)

PER CURIAM:

Petitioner, a state prisoner, was arrested for burglary of a grocery store, tried by a jury and convicted. He contends on this petition for habeas corpus: (1) that he was deprived of a fair trial because poor people were systematically excluded from the jury list, (2) that he was denied his right to counsel at the preliminary hearing, and (3) that his arrest was void

ab initio

because