State v. Arata
Supreme Court of Louisiana
APPEAL from the Superior Criminal Court, parish of Orleans. Whitaker, J. No brief filed on the part of the State. Henry 0. Castellanos and Arthur Gastinel, fqr the defendant, contended : First — That the question of whether the panel was drawn by a quorum of jury commissioners is a pure and exclusive question of law which this court has a right to pass on. 14 A. 461; 13 A. 46 ; 12 A. 679 ; 10 A. 271; 4 A. 505 ; 20 A. 442 ; 29 A. 824. Second — The second point, embodied in…
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APPEAL from the Superior Criminal Court, parish of Orleans. Whitaker, J. No brief filed on the part of the State. Henry 0. Castellanos and Arthur Gastinel, fqr the defendant, contended : First — That the question of whether the panel was drawn by a quorum of jury commissioners is a pure and exclusive question of law which this court has a right to pass on. 14 A. 461; 13 A. 46 ; 12 A. 679 ; 10 A. 271; 4 A. 505 ; 20 A. 442 ; 29 A. 824. Second — The second point, embodied in our challenge to the array, was that one of the jury commissioners, which is an office of profit and trust, was…
1Opinion
On Application eoe Beheaking.
DeBlanc, J.
In the brief which accompanies his application for a. rehearing of this cause, defendant’s counsel have elaborately discussed the two questions raised by them in their challenge to the array of the petit jury, the first of which is “ that the panel from which was drawn the juror called to pass upon his trial, was not selected by a quorum of the commissioners.”
That is — the counsel contend — “ a pure and exclusive question of law,” and — on this point — we are referred to several decisions, in which this court held — in substance and correctly — that, as…
2Cases cited1 opinion
- Larned v. BealSupreme Court of New Hampshire · 1889