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MARTIN V. TEXAS, 200 U. S. 316 (1906)

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U.S. Supreme Court

Martin v. Texas, 200 U.S. 316 (1906)

Martin v. Texas

No. 170

Submitted January 25, 1906

Decided February 19, 1906

200 U.S. 316


While an accused person of African descent on trial in a state court is entitled under the Constitution of the United States to demand that, in organizing the grand jury, and empaneling the petit jury, there shall be no exclusion of his race on account of race and color, such discrimination cannot be established by merely proving that no one of his race was on either of the juries, and motions to quash, based on alleged discriminations of that nature, must be supported by evidence introduced or by an actual offer of proof in regard thereto. Smith v. Mississippi, 162 U. S. 592, 162 U. S. 600, followed.

An accused person cannot of right demand a mixed jury some of which shall be of his race, nor is a jury of that kind guaranteed by the Fourteenth Amendment to any race.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 200 U. S. 318

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