Lovelady Alias Red Lovelady v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant for the first time suggests, in his motion for re- ■ hearing, that the change of venue should have been granted because “racial discrimination was involved in this cause.”

We note in the application for change of venue the following allegation, viz.:

“The fact that the defendant is a negro and the deceased whom the defendant is charged with killing is a white man, and former peace officer, obtaining his position through popular selection of the people of the community in which they resided, would tend to prejudice the jurymen in this…