State v. McClendon

Citations

• 118 La. 792
• 43 So. 417
• 1907 La. LEXIS 809

Syllabus

<p>1. Jury — Meeting of Jury Commission — Validity of Order.</p> <p>The validity of an order of court, made in vacation, directing the jury commission to convene on a particular day for the discharge of its duties, is not affected by the failure of the clerk to spread the order on the minutes.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 37, Jury, § 268.]</p> <p>2. Officers — Jury Commission — Oath of Office — Sufficiency.</p> <p>Const, art. 160, provides that “members of the General Assembly and all officers, before entering upon the duties of their respective offices, shall take” an oath or affirmation to support the Constitution and laws of the United States and the Constitution and laws of this state, and faithfully and impartially to discharge and perform all the duties incumbent on them in the offices which they are about to assume, to the best of their ability aud understanding; and it is not a compliance with such provision to take an oath faithfully and impartially to discharge the duties of an office according to a particular statute, omitting all reference to the Constitution and laws of the United States and of this state.</p> <p>3. Jury — Jury Commissioners — Oath of Office.</p> <p>A jury commissioner is an “officer,” within this meaning of article 160 of the Constitution ; and, unless he takes the oath prescribed by that article, is in effect forbidden to enter upon the discharge of his duties, notwithstanding that he may have taken an oath to discharge those duties according to Act No. 135, p. 216, of 1898, or some other statute.</p> <p>4. Same — Vacancy in Membership.</p> <p>The law (Act No. 135, p. 216, of 1898) provides that the “Jury Commission” shall consist of five members and the clerk of the court, and that “three members, * * * together with the clerk, shall be a sufficient number to perform the duties imposed by this act; provided, all the members shall have been duly notified.” These provisions contemplate notice to the full