State v. McClendon
Supreme Court of Louisiana
Appeal from Twenty-Second Judicial District Court, Parish of East Baton Rouge; Harney Félix Brunot, Judge. Cap. McClendon was indicted for murder. From an order quashing the indictment, the state appeals.
1Opinion of the CourtMonroe, J.
This ease comes before the court upon bills of exception reserved during the trial and upon the making peremptory of a motion to quash an indictment for murder. The grounds relied on to sustain the motion are: (1) That the jury commission, charged with the selection of the venire from which the grand jury was taken, was an illegal body, in that its members had not taken the oath prescribed by law; (2) that one of them-, having qualified in another office, there was a vacancy in the membership at the date of the finding of the indictment; (3) that, even if the commission were legally…
2Cases cited15 opinions
- State v. KelloggSupreme Court of Louisiana · 1900
- State v. TaylorSupreme Court of Louisiana · 1892
- Lapène v. BadeauxSupreme Court of Louisiana · 1884
- State v. NewhouseSupreme Court of Louisiana · 1877
- State v. DellwoodSupreme Court of Louisiana · 1881
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3Cited by15 opinions
- State v. BoudreauxSupreme Court of Louisiana · 1915
- State v. BouvySupreme Court of Louisiana · 1909
- State v. SmithSupreme Court of Louisiana · 1923
- State v. WalkerSupreme Court of Louisiana · 1915
- State v. WhiteSupreme Court of Louisiana · 1923
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