Rubio v. Superior Court

Opinion

MOSK, J.

— Defendant Rubio is charged in respondent San Joaquin Superior Court with one count of murder. He moved to quash the petit jury venire on the ground that it contains neither ex-felons nor resident aliens, such persons being excluded by statute from jury service.1 This exclusion, he contended, denies him his constitutional right to be tried by a jury drawn from a representative cross-section of the community, as well as due process and equal protection of the laws.

The parties stipulated to certain facts: e.g., that the offense occurred at Deuel Vocational Institution, where…