State v. Nicholas
Supreme Court of Louisiana
Appeal from judicial district court, parish of Ascension; Paul L6che, Judge. Leon Nicholas was indicted for murder. From a judgment sustaining a motion to quash the indictment, the state appeals.
1Opinion of the Court
Statement of the Case.
NIOHOLLS, O. J.
The state has appealed in this case from a judgment or ruling sustaining a motion to quash an indictment returned against Leon Nicholas for murder.
The reason assigned in the motion quashing the indictment was that, prior to and at the time of the impaneling, William Corbo, one of the grand jurors who found the bill, was not a competent grand juror, inasmuch as there was filed and pending against him a charge because of his failure and refusal to pay his per capita road tax, and by section 1 of Act 135 of 1S98 any person charged with any crime or offense is…
2Cases cited2 opinions
- State v. ThibodeauxSupreme Court of Louisiana · 1896
- Schmeider v. McLaneNew York Supreme Court · 1862
3Cited by3 opinions
- State v. ButlerSupreme Court of Louisiana · 1922
- State v. CalhounSupreme Court of Louisiana · 1906
- State v. HornSupreme Court of Louisiana · 1928