State v. Marionneaux

Citations

• 120 La. 455
• 45 So. 389
• 1907 La. LEXIS 666

Syllabus

<p>1. Jury — Jury Commission — Order oe Appointment.</p> <p>The following order is sufficient in terms to comply with the requirement that the judge appoint five citizens to constitute a jury commission for the parish, namely: “It is ordered that a jury commission is hereby ordered to be composed of the following citizens,” etc. — naming five citizens.</p> <p>2. Same.</p> <p>The statute (Acts 1898, p. 218, No. 135, § 3) provides: “The evidence of the appointment of said jury commissioners, shall be the written order of the district judge, which order shall be entered upon the minutes of the district court.” This statute is complied with by an order given verbally in open court and entered on the minutes of the court. The order need be written by the judge only when in chambers. The manifest object is to provide for the order being entered on the minutes, and, for being so entered, it must be in writing when made in chambers, and need not be when made in open court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 31, Jury, § 268.]</p> <p>3. Courts — Orders op Court.</p> <p>An order made in open court by a court of record and duly entered of record is in a sense a written order of tbe judge. It is then an order of the court as contradistinguished from an order of the judge. The court is an organism which, as it were, speaks by the mouth of the judge and writes with the hand of the clerk.</p> <p>4. Jury — Drawing Venire — Evidence.</p> <p>The proper evidence of the manner in which the venires have been drawn is the procés verbal of the drawing. In the absence of sworn allegations of fraud, the accused is not entitled to have the general venire box opened and the names therein counted for the purpose of ascertaining whether the recitals of the procés verbal of the drawing are true. Whether accused would have such right upon alleging fraud, quiere?</p> <p>(Syllabus by the Court.)</p>