Court of Criminal Appeals of Texas December 2, 1903, No. 2810. (Smith v. State)

lead-opinion

Appellant was convicted of murder in the first degree, and his punishment assessed at death. This case has been before this court twice before, and on both occasions it was reversed, because in the formation and impanelment of the grand jury which found the indictments against appellant (a negro), he was discriminated against on the part of the court. Smith v. State, 42 Tex.Crim. Rep.