Legal Opinion

State v. Pruett

Supreme Court of Louisiana

Decided January 18, 1897No. 12,261PublishedCited by 9 opinions

Appeal from the Eleventh Judicial District Court for the Parish of St. Landry. Dupré, J. Statement of Case. Defendant was indicted for murder, found guilty of manslaughter and sentenced to fifteen years’ imprisonment in the State penitentiary. Prom this verdict and sentence he has appealed, presenting a number of bills of exception for review.

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Appeal from the Eleventh Judicial District Court for the Parish of St. Landry. Dupré, J. Statement of Case. Defendant was indicted for murder, found guilty of manslaughter and sentenced to fifteen years’ imprisonment in the State penitentiary. Prom this verdict and sentence he has appealed, presenting a number of bills of exception for review. Tne first bill is reserved to the overruling a motion to quash the indictment, on three grounds; first, because the list or venire from which the grand jury was drawn was not published; secondly, because one of the jury commissioners was a deputy United…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, O. J.

The action of the court in overruling defendant’s motion to quash the indictment was not erroneous. The motion was made too late. The facts disclosed by the evidence adduced bring the present case within the doctrine announced in State vs. Collins, 48 An. 1454. The jury drawn in this case was through the proviso of the repealing clause of Act No. 99 of 1896, withdrawn from the provisions of the fifth section of that act requiring publication.

The ninth, tenth and eleventh bills of exception reserved by de*290fendant are the first which we…

2Cases cited8 opinions

  1. Marshall v. . DaviesNew York Court of Appeals · 1879
  2. Walker v. WalkerSupreme Court of Georgia · 1853
  3. Hunter v. StateSupreme Court of Georgia · 1871
  4. People v. PlummerCalifornia Supreme Court · 1858
  5. Hastings v. PalmerNew York Supreme Court · 1838

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. ChaversSupreme Court of Louisiana · 1974
  2. State v. ReevesSupreme Court of Louisiana · 1911
  3. State v. RichardSupreme Court of Louisiana · 1910
  4. Biaggini v. Toye Bros. Yellow Cab Co.Louisiana Court of Appeal · 1935
  5. State v. StockettSupreme Court of Louisiana · 1905

4 more not listed; retrieve them via the Exa API.

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