White v. State

Appellant is a negro; he was charged with rape by violence, and was awarded the death penalty. He was tried heretofore in Polk County, and received the death penalty on his former trial, which will be found reported in (135 Tex. Crim. 210) 117 S.W.2d 450.

Upon appellant's application this cause was transferred on a change of venue to Montgomery County, which is in the same judicial district as Polk County.

Appellant filed a motion to quash the indictment in this cause in the district court of Montgomery County, — after the same had been moved thereto, and at the time same was called for trial,…