hernandez
texas
argued
january
decided
may
systematic
exclusion
persons
mexican
descent
service
jury
commissioners
grand
jurors
petit
jurors
texas
county
petitioner
indicted
tried
murder
although
substantial
number
persons
county
fully
qualified
serve
deprived
petitioner
person
mexican
descent
equal
protection
laws
guaranteed
fourteenth
amendment
conviction
state
reversed
pp
constitutional
guarantee
equal
protection
laws
directed
solely
discrimination
whites
negroes
pp
existence
distinct
class
demonstrated
shown
laws
written
applied
single
class
different
treatment
based
reasonable
classification
guarantees
constitution
violated
exclusion
otherwise
eligible
persons
jury
service
solely
ancestry
national
origin
discrimination
prohibited
fourteenth
amendment
pp
evidence
case
sufficient
prove
county
question
persons
mexican
descent
constitute
separate
class
distinct
whites
pp
prima
facie
case
denial
equal
protection
laws
established
case
evidence
county
substantial
number
persons
mexican
descent
qualifications
required
jury
service
none
served
jury
commission
grand
jury
petit
jury
years
pp
testimony
five
jury
commissioners
discriminated
persons
mexican
descent
selecting
jurors
objective
select
thought
best
qualified
enough
overcome
petitioner
prima
facie
case
denial
equal
protection
laws
pp
petitioner
constitutional
right
indicted
tried
juries
members
class
systematically
excluded
carlos
cadena
gus
garcia
argued
cause
petitioner
brief
maury
maverick
john
herrera
horace
wimberly
assistant
attorney
general
texas
argued
cause
respondent
brief
john
ben
shepperd
attorney
general
rudy
rice
milton
richardson
wayne
hartman
assistant
attorneys
general
respondent
chief
justice
warren
delivered
opinion
petitioner
pete
hernandez
indicted
murder
one
joe
espinosa
grand
jury
jackson
county
texas
convicted
sentenced
life
imprisonment
texas
criminal
appeals
affirmed
judgment
trial
tex
cr
prior
trial
petitioner
counsel
offered
timely
motions
quash
indictment
jury
panel
alleged
persons
mexican
descent
systematically
excluded
service
jury
commissioners
grand
jurors
petit
jurors
although
persons
fully
qualified
serve
residing
jackson
county
petitioner
asserted
exclusion
class
deprived
member
class
equal
protection
laws
guaranteed
fourteenth
amendment
constitution
hearing
trial
denied
motions
trial
motions
renewed
evidence
taken
motions
denied
allegation
trial
erred
denying
motions
sole
basis
petitioner
appeal
affirming
judgment
trial
texas
criminal
appeals
considered
passed
upon
substantial
federal
question
raised
petitioner
granted
writ
certiorari
review
decision
numerous
decisions
held
denial
equal
protection
laws
try
defendant
particular
race
color
indictment
issued
grand
jury
petit
jury
persons
race
color
solely
race
color
excluded
state
whether
acting
legislature
courts
executive
administrative
officers
although
little
occasion
rule
question
directly
recognized
since
strauder
west
virginia
exclusion
class
persons
jury
service
grounds
race
color
may
also
deprive
defendant
member
class
constitutional
guarantee
equal
protection
laws
state
texas
us
hold
two
classes
white
negro
within
contemplation
fourteenth
amendment
decisions
support
view
except
question
presented
involves
exclusion
persons
mexican
descent
juries
texas
courts
taken
broader
view
scope
equal
protection
clause
throughout
history
differences
race
color
defined
easily
identifiable
groups
times
required
aid
courts
securing
equal
treatment
laws
community
prejudices
static
time
time
differences
community
norm
may
define
groups
need
protection
whether
group
exists
within
community
question
fact
existence
distinct
class
demonstrated
shown
laws
written
applied
single
class
different
treatment
based
reasonable
classification
guarantees
constitution
violated
fourteenth
amendment
directed
solely
discrimination
due
theory
based
upon
differences
white
negro
petitioner
acknowledges
texas
system
selecting
grand
petit
jurors
use
jury
commissions
fair
face
capable
utilized
without
discrimination
held
system
susceptible
abuse
employed
discriminatory
manner
exclusion
otherwise
eligible
persons
jury
service
solely
ancestry
national
origin
discrimination
prohibited
fourteenth
amendment
texas
statute
makes
discrimination
petitioner
alleges
administering
law
petitioner
initial
burden
substantiating
charge
group
discrimination
prove
persons
mexican
descent
constitute
separate
class
jackson
county
distinct
whites
one
method
may
demonstrated
showing
attitude
community
testimony
responsible
officials
citizens
contained
admission
residents
community
distinguished
white
mexican
participation
persons
mexican
descent
business
community
groups
shown
slight
recent
times
children
mexican
descent
required
attend
segregated
school
first
four
grades
least
one
restaurant
town
prominently
displayed
sign
announcing
mexicans
served
courthouse
grounds
time
hearing
two
men
toilets
one
unmarked
marked
colored
men
hombres
aqui
men
substantial
evidence
offered
rebut
logical
inference
drawn
facts
must
concluded
petitioner
succeeded
proof
established
existence
class
petitioner
charged
burden
proving
discrimination
relied
pattern
proof
established
norris
alabama
case
proof
negroes
constituted
substantial
segment
population
jurisdiction
negroes
qualified
serve
jurors
none
called
jury
service
extended
period
time
held
constitute
prima
facie
proof
systematic
exclusion
negroes
jury
service
holding
sometimes
called
rule
exclusion
applied
cases
available
supplying
proof
discrimination
delineated
class
petitioner
established
population
jackson
county
persons
mexican
surnames
males
bore
names
county
tax
assessor
testified
percent
freeholders
tax
rolls
county
persons
mexican
descent
state
texas
stipulated
last
years
record
person
mexican
latin
american
name
served
jury
commission
grand
jury
petit
jury
jackson
county
parties
also
stipulated
male
persons
mexican
latin
american
descent
jackson
county
virtue
citizens
householders
freeholders
legal
prerequisites
jury
service
eligible
serve
members
jury
commission
grand
jury
petit
jury
petitioner
met
burden
proof
imposed
norris
alabama
supra
rebut
strong
prima
facie
case
denial
equal
protection
laws
guaranteed
constitution
thus
established
state
offered
testimony
five
jury
commissioners
discriminated
persons
mexican
descent
selecting
jurors
stated
objective
select
thought
best
qualified
testimony
enough
overcome
petitioner
case
said
norris
alabama
showing
exclusion
negroes
jury
service
many
negroes
qualified
service
met
mere
generalities
presence
testimony
defendant
adduced
mere
general
assertions
officials
performance
duty
accepted
adequate
justification
complete
exclusion
negroes
jury
service
constitutional
provision
vain
illusory
requirement
circumstances
chance
may
well
dictate
persons
certain
class
serve
particular
jury
particular
period
taxes
credulity
say
mere
chance
resulted
members
class
among
six
thousand
jurors
called
past
years
result
bespeaks
discrimination
whether
conscious
decision
part
individual
jury
commissioner
judgment
conviction
must
reversed
say
decision
revives
rejected
contention
fourteenth
amendment
requires
proportional
representation
component
ethnic
groups
community
every
jury
ignores
facts
petitioner
seek
proportional
representation
claim
right
persons
mexican
descent
sit
particular
juries
faced
claim
right
indicted
tried
juries
members
class
systematically
excluded
juries
selected
among
qualified
persons
regardless
national
origin
descent
much
entitled
constitution
reversed
footnotes
see
carter
texas
law
passed
excluding
naturalized
celtie
irishmen
jury
service
doubt
inconsistency
spirit
amendment
cf
american
sugar
refining
louisiana
see
truax
raich
takahashi
fish
game
commission
cf
hirabayashi
distinctions
citizens
solely
ancestry
nature
odious
free
people
whose
institutions
founded
upon
doctrine
equality
sanchez
state
tex
cr
salazar
state
tex
cr
sanchez
state
juarez
state
tex
cr
texas
held
systematic
exclusion
roman
catholics
juries
barred
fourteenth
amendment
clifton
puente
texas
ruled
restrictive
covenants
prohibiting
sale
land
persons
mexican
descent
unenforceable
smith
texas
smith
texas
supra
note
hill
texas
cassell
texas
ross
texas
us
question
whether
might
take
judicial
notice
persons
mexican
descent
considered
separate
class
see
marden
minorities
american
society
mcdonagh
richards
ethnic
relations
reason
given
school
superintendent
segregation
children
needed
special
help
learning
english
special
school
however
teacher
taught
two
grades
regular
school
taught
one
instances
children
mexican
descent
left
school
fifth
sixth
grade
see
note
supra
census
report
shows
residents
jackson
county
mexican
surnames
census
population
vol
ii
pt
vol
iv
pt
american
citizens
naturalized
citizens
vol
iv
pt
males
years
age
county
spanish
surnames
vol
ii
pt
vol
iv
pt
state
challenges
reliance
names
showing
descent
persons
county
however
persons
different
race
distinguished
color
spanish
names
provide
ready
identification
members
class
selecting
jurors
jury
commissioners
work
list
names
parties
also
stipulated
persons
mexican
descent
list
talesmen
item
stipulation
amply
supported
testimony
adduced
hearing
see
akins
texas
cassell
texas
see
akins
texas
supra
note