State v. Flint

Citations

• 52 La. Ann. 62

Syllabus

<p>Syllabus.</p> <p>Í. JultY Commissioned!!? Must Qualify. — The law mating power has not left it to the courts to determine that one may discharge the functions of a Jury Commissioner without having qualified by taking the oath. “The Jury commissioners shall take the oath”, is the legislative command.</p> <p>2. Tiib Commissioxeh Did Rot Hold Ovkk. — Tinder a law repealed after his appointment, and after he qualified originally as Jury commissioner, he (the commissioner) does not hold over until his successor is appointed.</p> <p>3. Tint want of Qualification Is Not Cowshed by Statute 133 of 1898.— Though it is not shown that fraud was committed in drawing the panel of Jurors for a term of court, none the less, the law, and the decisions rendered, as relates to the commission, and the necessity of its qualifying, is imperative. The commissioner must take the oath required.</p> <p>There is a difference observed between the illegality of acting without having-qualified and the irregularity which may arise in the drawing and summoning of the Jury. As to the former, they must qualify, 30th Ann., 1028 ; 32nd Ann.. 879; 33rd Ann., S96; and as to the latter, it rauqt appear that the accused has been prejudiced by fraud or other wrongs perpetrated While engaged in drawing or summoning them.</p>