Lomax v. State

GRAVES, Judge.

The offense is rape; the punishment assessed at death.

This is the second appeal in this case; the opinion delivered by the court on the former appeal may be found reported in 136 Texas Crim. Rep. 108, 124 S. W. (2d) 126.

It appears from the record that appellant made- a motion in the district court of Montgomery County (being the county in which the alleged offense was committed and the indictment returned by the grand jury) to quash the indictment on the grounds of race discrimination. It seems that the court heard evidence in support thereof and upon its conclusion overruled…