Austin v. State

Appellant and one Castile Eye were jointly indicted for the crime of murder in the first degree, alleged to have been committed by killing John McTigrit in an attempt. to rob McTigrit. Appellant was separately tried and given a capital, sentence, from, which is this appeal.

It is said in appellant’s brief that Eye filed a motion to quash the indictment against himself upon, the ground that there were no negroes on the grand jury which re-turned the indictment, and that this motion was sustained. It is argued that this action operated to quash the indictment against appellant upon which he was…