State v. Gregg

Citations

• 123 La. 610
• 49 So. 211
• 1909 La. LEXIS 751

Syllabus

<p>1. Jury (§ 72*) — Trial by Regular Jurors.</p> <p>The right of the accused to be tried by regular jurors is confined to those not then engaged in the trial of other cases.</p> <p>[Ed. Note. — For other cases, see Jury, Cent. Dig. § 333; Dee. Dig. § 72.*]</p> <p>2. Criminal Law (§ 301*) — Plea of Not Guilty — W itudrawal.</p> <p>A motion to withdraw a plea of not guilty does not operate a withdrawal of such plea when no action of the court is had thereon.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 687; Dec. Dig. § 301.*]</p> <p>3. Criminal Law (§ 301*) — Plea oe Not Guilty — Withdrawal.</p> <p>The irregular filing of a demurrer before a plea of not guilty is withdrawn, and the overruling of such demurrer, is not equivalent to leave of the court to withdraw the plea, especially when the parties forthwith proceeded to trial of the cause on the merits.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 087; Dec. Dig. § 301.*]</p> <p>4. Perjury (§ 9*) — What Constitutes Cri,me.</p> <p>Perjury may be committed in all cases where the court has jurisdiction and the proceedings are not absolutely void on the face of the record.</p> <p>[Ed. Note. — For other cases, see Perjury, Cent. Dig. §§ 27, 28; Dec. Dig. § 9.*]</p> <p>(Syllabus by the Court.)</p>