# Hughes v. State

> Court of Criminal Appeals of Texas · June 9, 1948 · 152 Tex. Crim. 297

URL: https://www.frixlaw.com/law-library/cases/3940247

## Case

- **Full name:** Rodgie Bertrand Hughes v. State.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 9, 1948
- **Citations:** 152 Tex. Crim. 297; 213 S.W.2d 820; 1948 Tex. Crim. App. LEXIS 1287
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Krueger, Davidson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3940247

## Opinion text

ON APPELLANT’S motion for rehearing.
Appellant insists that we should have considered his motion to quash the indictment alleging race discrimination in the organization of the grand jury, even though no exception was taken to the action of the trial court in refusing the motion.
In Vines v. State, 67 Tex. Cr. R. 355 , 148 S. W. 727 , we said:
"All those questions raised in the motion for new trial, about there being no negroes on the jury panel, not being served with a copy of the special venire, etc., not being presented in a bill of exceptions, and there being no evidence in the record in regard to such matters, present no error.”
Such rule is applicable and controlling here, and precludes consideration of the action of the court in refusing the motion to quash.
We remain convinced that the case was correctly disposed of originally, and the motion for rehearing is overruled.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3940247. Public record. Not legal advice.
