Carter v. State

HENDERSON, Judge.

Appellant was convicted of rape, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.

Appellant made a motion to quash the indictment on the ground that in the formation of the special venire to try appellant, he was discriminated against on account of his race. We do not think that the testimony is sufficient to show that any discrimination was had against appellant in the formation of said jury; The mere fact that the commissioners appointed to select a jury did not draw any negroes on the list, is not sufficient…