State v. Causey
Supreme Court of Louisiana
APPEAL from the Twenty-second District Court; Parish of Ascension. Duffel, J. 1. The drawing of one incompetent member on a grand jury does not vitiate that body. Secs. 4, 5, 6 and 10, Act 44 of 1877; State vs. Foster, 31 An. 84; State vs. Washington, 83 An. 1403. 2. Where the incompetent grand juror has been setaside, the “sixteen” of Act 44 of 1877, being not sacramental, the remaining “fifteen ” can find a bill.
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APPEAL from the Twenty-second District Court; Parish of Ascension. Duffel, J. 1. The drawing of one incompetent member on a grand jury does not vitiate that body. Secs. 4, 5, 6 and 10, Act 44 of 1877; State vs. Foster, 31 An. 84; State vs. Washington, 83 An. 1403. 2. Where the incompetent grand juror has been setaside, the “sixteen” of Act 44 of 1877, being not sacramental, the remaining “fifteen ” can find a bill. State vs. Swift, 14 An. 827; 15 An. 193; 8 R. 618; People vs. Butler, 8 Oal. 485; People vs. Hunter, 34 Oal. 65; People vs. Gateswood, 20 Oal. 147; A. and K Kncy. of Law, p* 466,…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
The defendant, Causey, was indicted for lying in wait and shooting with intent to murder, and, on conviction, sentenced to hard labor for five years.
On appeal, he complains that the trial judge illegally overruled the several motions made by him to quash the indictment, to change 1 the venue, for a new trial, and in arrest of judgment.
I
The motion to quash, seasonably made, rests upon the ground that the indictment .was presented with a true bill, by a body of men who did not constitute the legal grand jury, to which he is entitled under…
2Cases cited3 opinions
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3Cited by11 opinions
- State v. RobersonSupreme Court of Louisiana · 1925
- State v. HolbrookSupreme Court of Louisiana · 1923
- State v. CollierSupreme Court of Louisiana · 1926
- State v. WalkerSupreme Court of Louisiana · 1915
- State v. PailetSupreme Court of Louisiana · 1916
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