Wilborn v. State

MORROW, Presiding Judge.

The offense is murder; punishment, death.

In the motion to quash the indictment it is charged that in the selection of the grand jury who found the indictment against the appellant there was discrimination against him because of his race, he being a negro. The motion consists of an averment only and constitutes a mere pleading. So far as the record here reveals, it is unsupported by any character of evidence. The burden rested upon the appellant to prove that in the selection of the grand jury there

was discrimination against his race. See Briscoe v. State, 106 Tex.…