State v. Brown

Defendant appeals from a conviction of burglary. The conviction must be set aside on the authority of State v. McKinney, 171 La. 549, 131 So. 667.

When defendant was called for trial, he objected on the ground that he had not been served with a copy of the indictment and a list of the petit jury as required by Rev. Stat. § 992. This was admitted by counsel for the state. The objection was overruled by the trial judge on the specific ground that section 992 of the Revised Statutes had been superseded by the Criminal Code, in which no provision was made for the service of the indictment and…