Court of Appeals for the Fifth Circuit May 16, 1983, 82-3606 (Hillery Preston v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary)

E. GRADY JOLLY, Circuit Judge:

Hillery Preston appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The issue on appeal is whether Preston’s challenge to the composition of the petit jury which convicted him is barred by his failure to raise the claim at trial.