State v. Laborde

Citations

• 120 La. 136
• 45 So. 38
• 1907 La. LEXIS 621

Syllabus

<p>1. Jubt — Tales Jttbobs — Sebvice of List-Appeal — Disceetion of Couet.</p> <p>Under section 11, Act No. 135, p. 222, of 1898, the judge is authorized to order the sheriff to summons tales jurors from portions of the parish remote from the scene of the crime. The law does not require the service of a list of tales jurors thus summoned on the accused two days before the trial as in case of venires drawn by the jury commission. Where the list of the tales jurors thus summoned was served on counsel for the accused, the granting of delay for the examination of the names appearing thereon was a matter within the discretion of the court, the exercise of which will not be inquired into in the absence of proof of prejudice.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1443.]</p> <p>2. Same.</p> <p>The accused has no legal right to require a trial by jurors who are acquainted with him, or from any particular portion of the parish or of the same race.</p> <p>3. Criminal Law — Instructions.</p> <p>Where the accused was tried for the forgery of an indorsement on a promissory note, and there was no special objections to the charge of the court, instructions which merely amplified or generalized certain portions of the charge were properly refused.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 2011.]</p> <p>4. Forgery — Criminal Intent.</p> <p>The criminal intent in forgery is “to defraud any person.” Section 833, Rev. St. It suffices that the forged instrument does or may prejudice the rights of another. The intent of the forger to profit by the act is not a necessary element of the offense.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 23, Forgery, § 4.]</p> <p>(Syllabus by the Court.)</p>