Mitchell v. State

Krueger, Judge.

The offense is murder; the punishment, death.

This is the second appeal of this case. The opinion delivered on the first appeal may be found reported in [132 Texas Crim. Rep. 491] 105 S. W. (2d) 246. Since the evidence adduced at this trial does not materially differ from that introduced at the former trial, we refer to the former opinion for a statement of the facts.

Appellant complains because the court declined to sustain his motion to quash the indictment based on the ground of discrimination against the negro race of which he was a member. The court, upon a hearing of the…