State v. Flanagan

I am in total agreement with the majority that we may not consider the bills of exception or any of the evidence and are required by Article 920(2) of the Code of Criminal Procedure only to inspect the “pleadings and proceedings” in this case to determine whether there is reversible error. After a careful review of the record, however, I find prejudicial and reversible error.

The detailed and lengthy minutes, which constitute the official record of the proceedings of the trial court, fail to disclose that the selected petit jurors were sworn.

On April 2, 1968, the prospective petit jurors…