Swift v. State

OPINION

GREEN, Commissioner.

Appellant was convicted of murder with malice of H. C. Kelly. His punishment was assessed at 101 years.

This case was tried in the 54th District Court of McLennan County on a change of venue from the 20th District Court of Robertson County.

Appellant initially contends that the court erred in overruling his motion to quash the indictment because the grand jury commission which selected the grand jury that returned the indictment was made up in such way as to constitute racial discrimination. The record discloses that appellant is a Negro, and there were no Negroes on…