State v. Lewis
Supreme Court of Louisiana
APPEAL from the Twenty-sixth District Court, Parish of St. John the Baptist. Host, J. 1. Where an indiciment is laid before the grand jury without any names of witnesses being indorsed thereon, with the cox'oner’s inquest and the testimony taken thereat, and the grand jury, without summoning, swearing or examining any witnesses in the case, finds a true hill against the accused upon the testimony taken before the coroner, the indictment will be quashed as being found on…
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APPEAL from the Twenty-sixth District Court, Parish of St. John the Baptist. Host, J. 1. Where an indiciment is laid before the grand jury without any names of witnesses being indorsed thereon, with the cox'oner’s inquest and the testimony taken thereat, and the grand jury, without summoning, swearing or examining any witnesses in the case, finds a true hill against the accused upon the testimony taken before the coroner, the indictment will be quashed as being found on illegal and insufficient proof. 14 Ann. 461; Archbold’s P. and P., vol. I, pp. 98 et seq. and .foot notes. 2. Such…
1Opinion of the Court
The opinion of the Court was delivered by
Pocinó, J.
The defendant s.eelrs relief from a conviction of murder without capital punishment, and he relies on two hills of exception :
1st. He charges error in the disposition made by the trial judge of his motion to quash the indictment. His ground was that the finding of the grand jury was not supported by sufficient evidence, but that it rested exclusively on the testimony taken at the coroner’s inquest. The judge properly refused to hear evidence in support of the charge of alleged misconduct of the grand jury.
There was no defect of form or of…
2Cited by10 opinions
- State v. DallaoSupreme Court of Louisiana · 1937
- State v. RevereSupreme Court of Louisiana · 1957
- State v. WalkerSupreme Court of North Carolina · 1960
- State v. VialSupreme Court of Louisiana · 1923
- Hewitt v. WebsterLouisiana Court of Appeal · 1960
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