Briscoe v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant renews only his claim that there was intentional discrimination in excluding from the grand jury persons of the negro race, to which he belonged.

We have again reviewed all the evidence introduced by appellant on this issue and are confirmed in oúr view that the conclusion announced in our original opinion is correct. The bur den was on appellant to show race discrimination in the selection of the grand jury which returned the indictment. Lewis v. State, 42 Tex. Crim. Rep. 278, 59 S. W. 1116; Martin v. State, 44 Tex.…