Akins v. State

The appeal comes from a death sentence on a charge of murder.

The case was before us on a former indictment and was reversed on a different question to those raised in the instant case. (See Akens v. State, 167 S.W.2d 758). The first bill of exception complains of the refusal of the court to quash the indictment and abate the prosecution. The chief grounds to support this contention is that appellant is a negro; that there was no negro on the commission appointed by the court to select jurors and grand jurors for the time during which the indictment was returned. It is also complained that the…