State v. Love

Citations

• 106 La. 658

Syllabus

<p>Syllabus.</p> <p>1. It may not be legally necessary, in the proces verbal of a jury drawing, lo recite the names of those stricken from the jury list because of previous jury service, or because of death, removal from the parish, exemption from jury duty, or disqualification as jurors since their names were entered thereon, but it is the better and safer practice to do so.</p> <p>2. Where, from the proces verbal, it seems to appear that the jury commission, in drawing a regular venire, failed to supplement the list and the ballots in the box with the names of other persons competent as jurors equal in number to those stricken from the list and whose names were taken out of the box, thus leaving a depleted box from which they drew the jury, the array of which is challenged, a motion to quash will prevail.</p> <p>3. The drawing of a jury from a box containing less than three hundred names, is one of those irregularities so gross, so at variance with the strict mandate of the law, that it amounts to a wrong per se on those affected by it, and Is an Injury so apparent, and, to those who have reason to complain of it and do complain of it, so great, that they need, In the way of showing injury, do nothing more than allege injury.</p>