Whitney v. State
Court of Criminal Appeals of Texas
Defendant filed motions to quash the indictment and the special venire upon the ground that he, being a negro, was denied the equal protection of the law under the Fourteenth Amendment of the United States Constitution, in that negroes were intentionally excluded from said grand jury and special venire. The overruling of these motions are the only questions’ discussed on this appeal.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of rape, and his punishment assessed at twenty years confinement in the penitentiary.
The only.question we are called upon to consider is a Federal question. Appellant made a motion to abate the indictment or quash it on account of the fact that, in the formation of the grand jury which found the bill of indictment, negroes were excluded from the jury; appellant himself being a negro. We copy from said motion as follows: “That the jury commissioners appointed to select the grand jury that found and presented the indictment above referred to selected no…
2Cases cited5 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Neal v. DelawareSupreme Court of the United States · 1881
- Gibson v. MississippiSupreme Court of the United States · 1896
- Carter v. TexasSupreme Court of the United States · 1900
- Williams v. MississippiSupreme Court of the United States · 1898
3Cited by8 opinions
- Juarez v. StateCourt of Criminal Appeals of Texas · 1925
- Montgomery v. StateSupreme Court of Florida · 1908
- Lee v. StateCourt of Appeals of Maryland · 1932
- Ware v. StateSupreme Court of Arkansas · 1920
- State v. WarnerSupreme Court of Missouri · 1901
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