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437 S.W.2d 268

Lopez v. State

Court of Criminal Appeals of Texas

Decided December 11, 1968

Court of Criminal Appeals of Texas · decided 1968-12-11

Relies on 161 Tex. Crim. 488 - Gonzales v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-12-11

How this case has been cited

Cited by 14 later decisions — most recently October 2016

1 district · 10 state decisions

50196819701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

¶2*270This Court has again examined this record with care at the insistence of appellant’s earnest counsel.

¶3We remain convinced that under the circumstances here presented an accused may not wait until after the trial, the results of which are distasteful to him, and then complain of an irregularity in the manner of the selection of the jury. We observe however that the action of the District Courts in Bexar County in complying with the provisions of Art. 2120, Vernon’s Ann.Rev.Civ.St., in a diligent manner so as to see that those persons whose names have been drawn from the jury wheel do in fact serve as jurors at another date if such juror is unavailable for service when first notified, is to be commended.

¶4This record reveals that there was not a scintilla of evidence to support appellant’s contention that his race was discriminated against because a number of the panel from which his jury were drawn had been required to serve through delayed jury service. In Gonzales v. State, 161 Tex.Cr.R. 488, 278 S.W.2d 167, we said “A showing of the racial composition of a particular jury does not by itself, standing alone, show racial discrimination.”

¶5We also decline to accept his contention that this required delayed service creates a screening process whereby persons belonging to certain economic groups are concentrated. We do not view Judge Curry’s testimony as supporting his contention. When taken as a whole together with Judge Brown’s testimony the opposite conclusion is apparent.

¶6Appellant’s motion for rehearing is overruled.

DOUGLAS, J., not participating.
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