Legal Opinion

State v. Woodson

Supreme Court of Louisiana

Decided July 15, 1891No. 1415PublishedCited by 2 opinions

APPEAL from the Twenty-second District Court, Parish of Ascension. Duffel, J. A grand jury drawn with one disqualified person upon it is not thereby vitiated. Secs. 4, 5, 6 and 10, Act 44,1877. The incompetent juror being excused, the remainingjfifteon can find a bill. 11 An. 827; 15 An. 198; I’eotfie vs. Butler, 8 Cal, 485; A. and C. Kncy. of "Law, p. 6, Vol. 9. There is no injury to’ defendant by the finding by fifteen.

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APPEAL from the Twenty-second District Court, Parish of Ascension. Duffel, J. A grand jury drawn with one disqualified person upon it is not thereby vitiated. Secs. 4, 5, 6 and 10, Act 44,1877. The incompetent juror being excused, the remainingjfifteon can find a bill. 11 An. 827; 15 An. 198; I’eotfie vs. Butler, 8 Cal, 485; A. and C. Kncy. of "Law, p. 6, Vol. 9. There is no injury to’ defendant by the finding by fifteen. Bishop Criminal Pro., Vol. 1, p. 505, Sec. 855. The denial of a motion made by the defendant, to order the names of the petit jurors to he put in the box aud drawn therefrom…

1Opinion of the Court

The opinion of the court was delivered by

Bermudez, C. J.

The defendant was prosecuted for murder, convicted and sentenced to the extreme penalty.

On appeal, it is claimed, that the true bill against him was returned by a body of men who did not constitute the grand jury, ivhom, under the Constitution, an indictment could have been by legally found against him.

The charge is made, that the trial judge erred in not sustaining a motion to quash the indictment, because one of the panel of sixteen had been set aside by the court after impanelment, by reason of his disqualification as an alien, in…

2Cited by2 opinions

  1. State v. DucreSupreme Court of Louisiana · 1931
  2. State v. ButlerSupreme Court of Louisiana · 1938

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