Legal Opinion

State v. Durr

Supreme Court of Louisiana

Decided May 15, 1887No. 9939PublishedCited by 7 opinions

A PPEAL from the Tenth District Court, Parish of DeSoto. il Hall, J. 1. A tender of tlie juror to tlie accused is no waiver of the right of peremptory challenge. Wharton, P. and P. §675; Waterman, C. D. P. 602 (140); Wharton, C. P. and P. 672; Bishop on C. P., Yol. 1, § 945; Proxfat Jur.

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A PPEAL from the Tenth District Court, Parish of DeSoto. il Hall, J. 1. A tender of tlie juror to tlie accused is no waiver of the right of peremptory challenge. Wharton, P. and P. §675; Waterman, C. D. P. 602 (140); Wharton, C. P. and P. 672; Bishop on C. P., Yol. 1, § 945; Proxfat Jur. Trials. §§ 105, 165; State vs. Roland, 3S Ann. 19. 2. The rejection of a juror by the trial judge, even if erroneous, affords of itself no legal ground of complaint to the accused. 1 Bishop O- P. § 926; State vs. Ostrander, “13 Iowa, 435$” Wharton, Or. PL and Pr., § 620; State vs. Barnes, 34 Ann. 395; State…

1Opinion of the Court

The opinion of the Court was delivered by

Waticins, J.

The defendant was indicted for an assault upon Julia Hutchins, with an intent to commit a rape, and from a verdict of guilty and sentence by tlie court to imprisonment for one year at bard labor, he has appealed.

The alleged irregularities in tlie proceedings and errors of the trial judge are presented by sundry bills of exception reserved for the accused.

I

The first one was taken to the judge’s allowing the district attorney to peremptorily challenge a juror after lie had been examined on tlie part of the State on his voir dire and…

2Cases cited1 opinion

  1. United States v. MarchantSupreme Court of the United States · 1827

3Cited by7 opinions

  1. State v. SquareSupreme Court of Louisiana · 1971
  2. Estep v. StateTennessee Supreme Court · 1951
  3. State v. WardSupreme Court of Louisiana · 1964
  4. State v. GuidorSupreme Court of Louisiana · 1904
  5. State v. CorneliusSupreme Court of Louisiana · 1907

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