State v. Sterling
Supreme Court of Louisiana
APPEAL from the Fourteenth District Court, Parish of Calcasieu. Heed, J. Ox Motion to Quash. The acts of the cleric as a jury commissioner, not having qualified as such, are null and void, and vitiates all proceedings in which he participated as jury commissioner.
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APPEAL from the Fourteenth District Court, Parish of Calcasieu. Heed, J. Ox Motion to Quash. The acts of the cleric as a jury commissioner, not having qualified as such, are null and void, and vitiates all proceedings in which he participated as jury commissioner. Act No. 44 • of 1S77, Sec. 3, p. 56, approved hi arch 8th, 1877 ; State vs. Williams, 30 Ann. 1028; State vs. Vance, 31 Ann. 398; State vs. Bradley, 32 Ann. 402. The evidence of the clerk is admissible to show that he did not qualify as jury commissioner. On Motion for a New Trial. Hearsay testimony is inadmissible. Tlio best…
1Opinion of the Court
Tlie opinion of tlio Court was delivered by
Fenner, J.
A preliminary question arises in tliis case under a motion _ to quash tlie indictment, on tlie ground that tlie clerk of the court, who served as a member of tlie jury commission which drew tlie panel from which tlie grand jury finding this indictment, was selected, had not qualified as jury commissioner.
Such a defect, urged seasonably and properly, is fatal to tlie indictment and to all othor proceedings of the jury drawn by such an imperfect commission. State vs. Williams, 30 Ann. 1028; State vs. Revels, 31 Ann. 387; State vs. Vance, 31…
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- State v. ThomasSupreme Court of Louisiana · 1917
- State v. WilsonSupreme Court of Louisiana · 1943