State v. Folke
Supreme Court of Louisiana
Appeal from the First District Court of New Orleans, McHenry, I. 1st. The court will presume that the grand-jury were sworn according to law, even if the record did not show the fact. Coyne v. Hotoell, Minor’s Rep. 62; Perdue v. Burnett, lb. 138. But in this case the record, as amended, shows that the grand-jury was sworn. The mistake or omission of the clerk was amendable. 1 Chitty’s Crim.
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Appeal from the First District Court of New Orleans, McHenry, I. 1st. The court will presume that the grand-jury were sworn according to law, even if the record did not show the fact. Coyne v. Hotoell, Minor’s Rep. 62; Perdue v. Burnett, lb. 138. But in this case the record, as amended, shows that the grand-jury was sworn. The mistake or omission of the clerk was amendable. 1 Chitty’s Crim. Law. 1 Saunders, 249, 256. 1 Stra. 136. 2. It is not necessary that the order to summon the jury should be sealed. With us a venire facias is not necessary ; jurors are summoned in the same manner as…
1Opinion of the Court
The judgment of the court was pronounced by
Kino, J.*
To an indictment preferred against the defendant he filed a special plea, setting forth several grounds in avoidance of the proceedings, none of which were sustained. He was subsequently tried, convicted, and sentenced, and from the judgment of the lower court has appealed.
*745The grounds urged in-this court for the reversal-of the' judgment appealed from, are: 1st. That the grand-jury appear, from the records of the court, not to have been duly empannelled and sworn, and that the judge erred in permitting the clerk to amend the record by…
2Cases cited1 opinion
- Lyon v. Commercial InsuranceSupreme Court of Louisiana · 1842
3Cited by3 opinions
- In re BreckenridgeNevada Supreme Court · 1911
- State v. StartSupreme Court of Kansas · 1900
- Hickman v. Enterprises Lumber Co.Supreme Court of Louisiana · 1925