Opinion

Akins v. State

  • 148 Tex. Crim. 523
  • 182 S.W.2d 723
  • 1944 Tex. Crim. App. LEXIS 1101
Court
Court of Criminal Appeals of Texas
Filed
Jun 21, 1944
Status
Published
On the bench
Beauchamp, Hawkins
Cited by
6 cases
Authority
More cited than 1.8%

facts in record did not prove systematic exclusion

How later courts described this case

  • facts in record did not prove systematic exclusion

Written by the judges who cited it.

The opinion

In his motion for rehearing appellant again asserts that there was discrimination against him because he belonged to the negro race, although there was a negro on the grand jury which returned the present indictment. He requests that we reexamine his brief on this point and his bill of exception number one in which is incorporated the evidence presented on the motion to quash the indictment. We have complied with his request but fail to find any evidence of discrimination. On the contrary, the evidence shows an effort on the part of the authorities to *Page 526

comply with the holding of this court and of the Supreme Court of the United States upon the question of discrimination.

Appellant renews his complaint of being tried before the Judge of the 40th Judicial District who had been transferred to hold trial court. This complaint involves the very question decided adversely to appellant's contention in Pierson v. State, 177 S.W.2d 975 . We refer to the opinion in that case for the reasons upon which were based the conclusion that appellant's position cannot be maintained. The Pierson case was followed in Fuller v. State, 180 S.W.2d 361 ; Jones v. State, 181 S.W.2d 75 ; Brown v. State, 181 S.W.2d 93 .

The two points mentioned are those particularly stressed in appellant's motion. Other questions adverted to are not thought to call for discussion.

The motion for rehearing is overruled.

ORDER GRANTING STAY OF MANDATE.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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