State v. Brown

Citations

• 118 La. 373
• 42 So. 969
• 1907 La. LEXIS 729

Syllabus

<p>1.Grand Jury — Member of Panel.</p> <p>The mere drawing of the name of a juror on the list of grand jurors does not constitute him a member of the panel when he is not present in court at the time and did not answer before the grand jury was duly impaneled and sworn.</p> <p>[Ed. Note. — Eor cases in point, see Gent Dig. vol. 24, Grand Jury, §§ 56-58.]</p> <p>2. Same — Quashing Venire.</p> <p>The mere fact that an incompetent person has been selected and summoned as a grand juror furnishes no ground for cjuashing the venire.</p> <p>[Ed. Note. — For eases in point, see Gent. Dig. vol. 24, Grand Jury, § 43.]</p> <p>3. Same — Setting Aside Incompetent.</p> <p>It is the duty of the trial judge to sot aside an incompetent person selected and summoned to serve as a grand juror.</p> <p>TEd. Note. — Eor cases in point, see Gent. Dig. vol. 24, Grand Jury, §§ 28, 29.]</p> <p>4. Jury — Excusing Members.</p> <p>In the absence of proof of fraud or wrong, the accused has no right to complain of the action of the judge in excusing jurors for sickness or other causes. Where the cause is not expressed, a sufficient canse will be presumed.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 24, Grand Jury, §§ 28, 29.]</p> <p>5. Criminal Law — Serving List of Jury.</p> <p>Where a list of the trial venire has been served on the accused, a trifling clerical error in the spelling of the name of one juror will not suffice to set aside the service.</p> <p>[Ed. Note. — Eor cases in point, see Gent. Dig. vol. 14, Criminal Law, § 1442.]</p> <p>6. Same — Remarks of Prosecuting Attorney.</p> <p>A comment of the district attorney in the course of his argument before the jury that it was unfortunate for the state that the wife of the accused could not testify is within the bounds of legitimate comment, wb°n warranted by the evidence from the standpoint of the prosecution. and, moreover, cannot be presumed to have worked any actual prejudice.</p> <p>[Ed. Note. — Eor cases in point,- see