State v. Cafiero

Citations

• 112 La. 453
• 36 So. 492
• 1903 La. LEXIS 474

Syllabus

<p>CRIMINAL LAW — JURY LIST — SERVICE ON DEFENDANT — NEW TRIAL.</p> <p>1.Where “Gustave Cire, Jr.,” was drawn to serve as a juror, and was duly summoned and attended the session of the court, the circumstance that the descriptive term “Jr.” was omitted in the copy of the jury list served on the accused is inconsequential, and does not affect the legality of the service, no prejudice being shown. State v. Rodrigues, 13 South. 802, 45 La. Ann.-1043; State v. Turner, 25 La. Ann. 574; State v. Ballerio, 11 La. Ann. 82.</p> <p>2. Evidence was admissible to prove that the juror drawn and summoned was the only person of that name in his ward, and that his father died more than a year before the drawing of the jury. Stewart v. State (Ala.) 34 South. 818.</p> <p>3. On the trial of 'a motion for a new trial, counter affidavits or evidence are admissible. 1 Bishop’s New Cr. Proc. p. 780.</p> <p>(Syllabus by the Court.)</p>