Akins v. Texas,
325 U.S. 398 (1945)

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U.S. Supreme Court

Akins v. Texas, 325 U.S. 398 (1945)

Akins v. Texas

No. 853

Argued April 30, May 1, 1945

Decided June 4, 1945

325 U.S. 398


1. The manner in which the court which convicted the petitioner was organized -- assignment of a judge pursuant to a statute the validity of which under the state constitution was upheld by the highest court of the State -- violated no fundamental principle of justice and denied no right of the petitioner under the Federal Constitution. P. 399, n 1.

2. Although there was but one Negro on the grand jury which indicted the Negro petitioner, the record in this case fails to establish that the jury commissioners deliberately and intentionally limited the number of Negroes on the panel, or that there was discrimination on account of race in the selection of the grand jury in violation of the due process and equal protection clauses of the Fourteenth Amendment of the Federal Constitution. Pp. 325 U. S. 403, 325 U. S. 407.

3. It is unnecessary here to consider whether purposeful limitation of jurors by race to the approximate proportion that the eligible jurymen of the race so limited bears to the total eligibles would be invalid under the Fourteenth Amendment. P. 325 U. S. 407.

182 S.W.2d 723 affirmed.

Page 325 U. S. 399

Certiorari, 324 U.S. 836, to review a judgment which affirmed a sentence of death upon a conviction of murder.

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