Franklin v. State

The appellant, a negro, was convicted of murder in the second degree; and appeals to this court upon the sole ground that no negroes served upon either the grand or petit jury, and alleges that members of that race were excluded therefrom on account of their race, color and previous condition of servitude. His motion to quash the indictment and his challenges to the panel of the petit .jury upon this ground were overruled, and exceptions were saved.

The motion to quash the indictment find the challenge to the panel of the petit jury were both filed on the day the case was reached on the call…