Partida v. State

OPINION

JACKSON, Commissioner.

The conviction by jury trial was for burglary of ⅛ private residence at night with the intent to commit rape on a plea of not guilty; the punishment by the court, eight (8) years.

The sufficiency of the evidence is not challenged and need not be recited.

On motion for new trial appellant raised the question that he was convicted without due process of law because the grand jury which indicted him was illegally constituted in that Mexican-Americans were discriminated against in its composition. Appellant was of Mexican-American descent.

In attempting to prove such…