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D was indicted for the murder of Joe Espinosa by a grand jury. Prior to the trial, D offered timely motions to quash the indictment and the jury panel. D alleged that persons of Mexican descent were systematically excluded from service as jury commissioners, D also alleged that there were persons of Mexican descent fully qualified to serve residing in the County. D claimed this deprived him of the equal protection of the laws guaranteed by the Fourteenth Amendment of the Constitution. The trial court denied D’s motions. D renewed the motions at trial. Evidence was taken, and the motions were again denied. D was convicted and the Texas Court of Criminal Appeals considered and passed upon the substantial federal question raised by D. The Supreme Court granted certiorari.

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