State v. Reiz

The opinion of the court was delivered by

McEnery, J.

The defendant was indicted for grand larceny and convicted. He complains that the grand jury which found the indictment against him was illegally constituted.

When the grand jury was impaneled, one of the members was under indictment for selling liquor to a minor.

He was incompetent. State vs. Thibodeaux, 48 An. 600.

The trial judge on the next day, before the grand jury had transacted any business, discharged the incompetent juror, and substituted for him another from the list of grand jurors drawn for the term. His name was drawn from the box…