State v. Mooring

HOUSER, Commissioner.

This is an appeal from a conviction and sentence of 50 years’ imprisonment on a charge of rape.

Appellant first contends that the court erred in compelling him to be tried before an illegally constituted jury, and in an illegal manner, in that the jury consisted entirely of Caucasians selected from a venire of some forty jurors all of whom were Caucasians; that no hearing was held to determine whether there was a selective exclusion of non-Caucasians from the ve-nire and that race was not a factor in the selection of the venire; that no evidence was offered by the state to…