Legal Opinion
State v. Sibley
Supreme Court of Louisiana
Decided March 27, 1905No. 15,478PublishedCited by 1 opinion
Appeal from Eleventh Judicial District Court, Parish of Natchitoches; Charles Vernon Porter, Judge. W. F. Sibley was indicted for shooting with intent to murder. From an order quashing the indictment, the state appeals.
1Opinion of the CourtBreaux, C. J.
The state of Louisiana is appellant from a judgment of the district court sustaining a motion to .quash the indictment and setting it aside as null.
The defendant was indicted for shooting with intent to kill and murder.
The grounds of the motion to quash, sustained by the learned judge of the district court, in substance, were that an error had been committed by the prosecuting officer. Quoting from the motion:
“The bill was never read to the grand jury after having been prepared, and the indorsement on the indictment was such that it was signed by the foreman without having noticed that the…
2Cases cited5 opinions
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
- State v. RichardSupreme Court of Louisiana · 1898
- State v. ComeauSupreme Court of Louisiana · 1896
- State v. JonesLouisiana Court of Errors and Appeals · 1846
- People ex rel. Masterson v. GallupNew York Supreme Court · 1883
3Cited by1 opinion
- State v. SummerlinSupreme Court of Louisiana · 1906