Millhouse v. State

BOULDIN, Justice.

Motion was made to quash the indictment upon the ground that defendant is of the Negro Race, 'and, in the selection of the grand jury which found the indictment, numbers of his race were systematically excluded because of race. That the motion presented good ground to quash the indictment is unquestioned. Norris v. Alabama, 294 U.S. 587, 55 S.Ct. 579, 79 L.Ed. 1074.

On the hearing of the motion defendant' introduced the census records showing the white male population of Mobile county to be 37,951, and the Negro male population 19,659.

Witness Shearer testified that he became a…