State v. Jones

Citations

• 118 La. 369
• 42 So. 967
• 1907 La. LEXIS 728

Syllabus

<p>1. Criminal Law — Appeal—Review—Harmless Error — Grand Jury — Validity — Drawing.</p> <p>Where a sufficient number are left on the venire of grand jurors to complete the panel, the defendant has no ground for complaining that because of one of the venire having been a minor and four others having been excluded by the judge, and one more having failed to attend, the grand jury was drawn from a venire of only 13.</p> <p>2. Same — Juey—Venires—Drawing—List.</p> <p>A defendant is presumed to know the law, and therefore is presumed to know that venires are drawn for the different weeks of the term, and not for the different days; and hence that a list served on him. headed, “Petit jury for Monday, Oct. 15, 1906,” means for the week beginning on that day.</p> <p>3. Criminal Law — Trial—Remarks op Prosecuting Attorney.</p> <p>One of the witnesses for the prosecution refusing to repeat an important statement, because, as he said, he had already repeated it several times, there was no impropriety in the district attorney telling him, in the presence of the jury, that it was before the judge, and not before the jury, he bad repeated the statement. The remark was harmless; and, moreover, was merely by way of inducement to the stubborn witness.</p> <p>4. Same — Evidence.</p> <p>The conduct of the prisoner when an attempt was made to arrest him, shortly after the commission of the offense, was properly allowed to be proved to show intent.</p> <p>(Syllabus by the Court.)</p>