Martinez v. State

Appellant was convicted of the offense of murder with malice and his punishment was assessed at death.

It appears from the record that appellant and his associate in crime took a man and his wife, who desired to go into Mexico, to the Rio Grande River. There they both outraged the woman, killed the man and his wife, weighted them down, and dropped them into the river.

At the very threshold of the case, we are confronted with the question of the time and manner of the selection of the grand jury which indicted appellant with the offense charged. Article 333, C. C. P., provides as follows: "The…