State v. Breaux
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court, parish of West Baton Rouge. McVea, J. W. B. Robertson for defendant: First — That the judge had no right to excuse from serving any juror who had been regularly drawn, except for cause shown. 3 A. 51; 7 A. 285. Second — That every man charged with crime has a right to a trial by an impartial jury, and that an impartial jury can only be had when drawn according to law.
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APPEAL from the Fifth Judicial District Court, parish of West Baton Rouge. McVea, J. W. B. Robertson for defendant: First — That the judge had no right to excuse from serving any juror who had been regularly drawn, except for cause shown. 3 A. 51; 7 A. 285. Second — That every man charged with crime has a right to a trial by an impartial jury, and that an impartial jury can only be had when drawn according to law. Constitution of the United States; Constitution of Louisiana, 1868, article 6. H. N. Ogden, Attorney-General, and J. H. Lamon, district attorney of Fifth Judicial District, contra :…
1Opinion of the Court
The opinion of the court was delivered by
Spancer, J.
The defendant was indicted for and convicted of murder, and .sentenced to death. He appeals, and relies on the following prints for reversal of his sentence :
First. Of the list of thirty jurors drawn for the second week of the term, and served on him, the court on the day the list was served excused two, without the knowledge or consent of the accused, and without there being any legal showing made of the propriety or legality of excusing them. The accused objected to proceeding further with the trial until said jurors were present, or some…
2Cases cited2 opinions
- Bacon v. ScottSupreme Court of Pennsylvania · 1893
- Hayford v. County CommissionersSupreme Judicial Court of Maine · 1886
3Cited by1 opinion
- State v. DodsonSupreme Court of Louisiana · 1914