Johnson v. State

The appellant was indicted by the Marion County grand jury upon two counts, the first charging first degree rape, and the second, the commission of rape when armed with a deadly weapon. He was found guilty upon both counts and sentenced upon both counts.

The appellant filed a motion to quash the indictment on the ground “That the defendant is for racial identi fication a Negra and that no Negro was permitted to be on or a member of the grand jury voting the indictment solely upon the grounds of race and color.” The motion was overruled. The record discloses that throughout the trial the…