On voir dire, when appellant's counsel elicited that McMurry met Mrs. Barrett at the garage sale at the Barretts' residence, he did not ask whether McMurry had also met Officer Barrett there, nor did he inquire about the extent of McMurry's acquaintanceship with Mrs. Barrett, even though Mrs. Barrett was listed as a prospective witness on the State's witness list filed two days earlier. Compare Lamkin v. State, 165 Tex.Crim. R., 301 S.W.2d 922 (1957), cert. denied 355 U.S. 59, 78 S.Ct. 137, 2 L.Ed.2d 107 (1957). Moreover, McMurry's quoted response to appellant's counsel's final question openly acknowledged that McMurry was unsure of what should be brought out and should have put appellant's counsel on notice that further examination might reveal something relevant.

This Court has consistently held that the mere fact that no Negro was appointed on the jury commission is not sufficient to show discrimination. For racial discrimination in the selection of the commissioners to be established, it must be shown that such discrimination invaded into the work of the commissioners in the selection of the lists from which the grand jurors are chosen. Lamkin v. State, 165 Tex.Crim. R., 301 S.W.2d 922, cert. denied, 355 U.S. 59, 78 S.Ct. 137, 2 L.Ed.2d 107, rehearing denied, 355 U.S. 908, 78 S.Ct. 335, 2 L.Ed.2d 263; McMurrin v. State, 156 Tex.Crim. R., 239 S.W.2d 632, cert. denied, 342 U.S. 874, 72 S.Ct. 115, 96 L.Ed. 657; Morris v. State, 158 Tex.Crim. R., 251 S.W.2d 731, cert. denied, 345 U.S. 951, 73 S.Ct. 863, 97 L.Ed. 1374; Williams v. State, 167 Tex.Crim. 503, 321 S.W.2d 72, cert. denied, 359 U.S. 930, 79 S.Ct. 615, 3 L.Ed.2d 632; McNair v. State, 159 Tex.Crim. R., 265 S.W.2d 105; Addison v. State, 160 Tex.Crim. R., 271 S.W.2d 947; Oliver v. State, 155 Tex.Crim. R., 236 S.W.2d 143. The first ground of error is overruled.

"'Without any doubt it rests with each State to prescribe the jurisdiction of its appellate courts, the mode and time of invoking that jurisdiction, and the rules of practice to be applied in its exercise; and that state law and practice in this regard are no less applicable when Federal rights are in controversy than when the case turns entirely upon questions of local or general law. . . ." (p. 585). "In In re Lamkin, 355 U.S. 59, 2 L.Ed. 107, 78 S.Ct. 137, a petition for a writ of certiorari was denied upon the ground that the judgment of the court of criminal appeals of Texas rested upon an adequate state ground since the petitioner in filing his application for habeas corpus in the state court failed to comply with applicable state procedures. See, also, Fox Film Corp. v. Muller, 296 U.S. 207, 80 L.Ed. 158, 56 S.Ct. 183, holding that where the judgment of a state court rests upon two grounds, one of which is federal and the other nonfederal in character, the Supreme Court of the United States is without jurisdiction to review if the nonfederal ground is independent of the federal ground and adequate to support the judgment.

"Without any doubt it rests with each State to prescribe the jurisdiction of its appellate courts, the mode and time of invoking that jurisdiction, and the rules of practice to be applied in its exercise; and that state law and practice in this regard are no less applicable when Federal rights are in controversy than when the case turns entirely upon questions of local or general law. . . ." (p. 585.) In In re Lamkin, 355 U.S. 59, 2 L.Ed. 107, 78 S.Ct. 137, a petition for a writ of certiorari was denied upon the ground that the judgment of the court of criminal appeals of Texas rested upon an adequate state ground since the petitioner in filing his application for habeas corpus in the state court failed to comply with applicable state procedures. See, also, Fox Film Corp. v. Muller, 296 U.S. 207, 80 L.Ed. 158, 56 S.Ct. 183, holding that where the judgment of a state court rests upon two grounds, one of which is federal and the other nonfederal in character, the Supreme Court of the United States is without jurisdiction to review if the nonfederal ground is independent of the federal ground and adequate to support the judgment.