Smith v. State

Appellant was convicted of murder, and his punishment assessed at death. Motion was made to quash the indictment because of discrimination against the negro race, he being a negro. While the evidence shows there had been but two negroes summoned or served upon the jury for a number of years, yet the testimony does not show discrimination against that race. The facts show that there were perhaps 1000 negro voters in Ellis county, and about 8000 white voters in the county. Yet these witnesses further testify that they knew practically no negroes who were qualified to sit on the grand jury; none…