LEE v. STATE

No. 42787.

455 S.W.2d 316 (1970)

Lonnie LEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 24, 1970.


Attorney(s) appearing for the Case

W. E. Barron, Joe Falco, Jr., and James Bond, Navasota, Joe J. Newman, Houston (On Appeal Only), for appellant.

James F. Warren, Dist. Atty., and Robert D. Brewton, County Atty., Navasota, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is rape; the punishment, 60 years.

We first address ourselves to the motion to quash the jury panel on the grounds that black people had been excluded from the jury commission who selected the panel. The motion was filed on the day of the trial, and apparently neither the state nor the appellant was prepared. In such cases caution should be the watchword, and a delay should have been requested. But, in viewing...

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