State v. Johnson

Citations

• 116 La. 856
• 41 So. 117
• 1906 La. LEXIS 589

Syllabus

<p>1. Juey — Return of Jury Commissioner — Impeachment.</p> <p>A jury commissioner cannot be heard to contradict or impeach the return of proces verbal made by him under the sanctity of his official oath.</p> <p>2. Same — Jury List—Revision — Striking ' Names from List.</p> <p>The purpose of the law (Act 135, p. 216, of 1898, as amended by Act 58, p. 136, of 1904) is to provide, as nearly as practicable, 300 competent men from among whom grand and petit jurors are to be drawn, which number is to be made good, every six months (after striking from the list the names of those who have served, died, removed, from the parish, or become exempt or disqualified), by supplementing such list with new names, equal in number to those stricken therefrom. The procSs verbal of each successive drawing should show the names of the jurors then drawn, as also the names of those who have died, removed from the parish, or become exempt or disqualified, since the last drawing, and whether those names (as also the names of the jurors previously drawn) are stricken from the existing list by having a line drawn through them with a pen or pencil, by being obliterated in some other way, by being cut out of the paper, or by being checked in such manner as to indicate to the commissioners that the bearers are no longer available for service as jurors, is immaterial, provided enough new names be added to keep the number of competent jurors available for service at 300 or (allowing for errors and - accidents) at approximately that number.</p> <p>3. Same—Venire—Quashing—Fraud.</p> <p>The fraud required by section 15 of Act 135, p. 223, of 1898, to be shown as cause for the quashing of the venire of jurors is actual fraud or such nonobservance of the statute as will justify the inference of actual injury to the accused.</p> <p>4. Grand Jury—Place of Meeting.</p> <p>There is nothing in our law which requires a grand jury engaged in the investigation of crime to obtain permission of the court to vis