State v. McNeil
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the parish of Orleans. Roman, J. First — A juror is competent to serve where he has only an impression, and not a fixed and. deliberate opinion as to the guilt or innocence of the accused. 33 An. 1101 • 14 An. 462; 22 An. 43; 23 An. 148 Second — Tbe testimony of witnesses given before tbe coroner’s jury is inadmissible in evidence on the trial of a case.
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APPEAL from the Criminal District Court for the parish of Orleans. Roman, J. First — A juror is competent to serve where he has only an impression, and not a fixed and. deliberate opinion as to the guilt or innocence of the accused. 33 An. 1101 • 14 An. 462; 22 An. 43; 23 An. 148 Second — Tbe testimony of witnesses given before tbe coroner’s jury is inadmissible in evidence on the trial of a case. Third — The evidence before the coroner’s jury is admitted for a restrictive purpose — to prove death, hut nothing further. 7 An. 84; 10 An. 456. "Where the juror entertains a preconceived opinion,…
1Opinion of the Court
The opinion of the Court was delivered -by
Todd, J.
The defendant was tried for murder and convicted of manslaughter. From the sentence imposing a fine of fifty dollars, and condemning him to five years imprisonment at hard labor in the penitentiary, he has appealed.
On the trial of the cause, the defendant offered in evidence the deposition of Michael Mallory, taken before the coroner upon an inquisition as to the cause and manner of the death of Augustus Burke, whom the accused was charged to have murdered — Mallory having died after his deposition was taken and before the trial of the accused.
2Cited by10 opinions
- Diaz v. United StatesSupreme Court of the United States · 1912
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- State v. AugustaSupreme Court of Louisiana · 1942
- State v. KlineSupreme Court of Louisiana · 1903
- Bonar v. CommonwealthCourt of Appeals of Kentucky · 1918
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