Legal Opinion

State v. Guillory

Supreme Court of Louisiana

Decided March 15, 1892No. 10,953PublishedCited by 4 opinions

APPEAL from the Thirteenth District Court, Parish of St. Landry, Lewis, J. One of tlie qualifications of a juror required in this State is that he shall be a citizen of the United States and of this State. Act44 of 1S77, Sec. 1; Act 54 of 1880, Sec. 1. A judgment naturalizing a foreign born citizen can not be proved by parol. The personal disqualification of a grand juror is good ground for motion to quash.

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APPEAL from the Thirteenth District Court, Parish of St. Landry, Lewis, J. One of tlie qualifications of a juror required in this State is that he shall be a citizen of the United States and of this State. Act44 of 1S77, Sec. 1; Act 54 of 1880, Sec. 1. A judgment naturalizing a foreign born citizen can not be proved by parol. The personal disqualification of a grand juror is good ground for motion to quash. State vs. McGee, 86 An. 207. The admissibility of a voluntary declaration is a blended question of law and fact reviewable by tlie Supreme Court, and the evidence touching the…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

The first bill of exceptions is taken to the ruling of the judge in overruling a motion to quash the indictment based on the charge that a member of the grand jury who found the bill was incompetent by reason of alienage.

It appears that the juror objected to was born in Ireland and moved to this country with his parents many years ago, when only twelve years of age. He had been told by his father that he (the father) had been naturalized, and knew that his father was a voter in the State of Kentucky before his death. His father had lived in…

2Cases cited4 opinions

  1. Minor v. StateSupreme Court of Georgia · 1879
  2. Thayer v. PeopleMichigan Supreme Court · 1847
  3. Weeks v. StateMississippi Supreme Court · 1872
  4. State v. HaynesSupreme Court of Iowa · 1880

3Cited by4 opinions

  1. State v. RossSupreme Court of Louisiana · 1947
  2. State v. WilsonSupreme Court of Louisiana · 1943
  3. State v. WhiteSupreme Court of Louisiana · 1939
  4. State v. RicheySupreme Court of Louisiana · 1940

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