State v. Jackson

Citations

• 106 La. 189

Syllabus

<p>Syllabus.</p> <p>jl. A person indicted for a crime necessarily punishable at hard labor who pleads not guilty cannot, even with his own consent, waive trial by jury and be tried by the judge alone. (Articles 9, 116 and 118, Constitution 1898.) He is not estopped from urging this defense, as the constitutional requirements on the subject are in the interest of the State as well as his own. (C. C. 11.)</p> <p>2. An indictment for a statutory offense is generally sufficient if it follows the wording of the statute. It is not made defective by the insertion therein additionally of the words “unlawfully” and “feloniously.”</p> <p>3. An endorsement upon an indictment giving the date of its receipt and filing by the clerk as January 24th, 901, is an immaterial clerical error, especially so when the minute entries disclose that the indictment was received on the 24th of January, 1901.</p>