W. J. HARALSON, Supernumerary Circuit Judge.
This appeal is from a conviction of robbery with sentence fixed at 16 years imprisonment in the penitentiary.
Appellant filed a motion to quash the venire on the grounds that the said venire was selected in violation of the defendant's rights under the Constitution of the United States. He relied upon a ruling of the U. S. District Court for the Middle District of Alabama in the case of Penn v. Eubanks,
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