Barry v. State

Venireman Broadnax, a Negro, was duly drawn as a member of the venire from which the jury in this case was to be selected. He was, in all things, qualified under the Constitution and laws of this state for jury service. He was not shown to be disqualified to serve on the jury in this case.

Over appellant’s objection and at the request of the state, the trial court dismissed Broadnax from the venire list and from jury service because he was a member of the Negro race and because of the absence of facilities to house and feed a jury composed of members of both the white and Negro races.

In Rogers…