Moya v. State

OPINION

ROBERTS, Judge.

The appellant was convicted of the offense of burglary. The jury assessed his sentence at five years, and granted probation.

Appellant’s first ground of error urges that his motion to quash the indictment should have been granted because Mexican-American persons were systematically excluded from grand jury service in Comanche County.

Appellant proved that from the March, 1966 term of the grand jury to the March, 1973 term, no persons with Spanish sur*370names were selected for grand jury service. No proof was offered regarding the racial make-up of the grand jury commissioners…