State v. Nicholas

Citations

• 109 La. 84
• 33 So. 92
• 1902 La. LEXIS 112

Syllabus

<p>JURORS — ELIGIBILITY — CHARGE OF CRIME — POLICE JURY — POWERS—ROAD TAX —ENFORCEMENT.</p> <p>1. The crime or offense with which a person stands “charged.” in order to take him out of the list of eligible grand jurors, is not limited to a charge of having committed a crime or offense “punishable by hard labor.”</p> <p>2. A person who stands charged, by information filed against him, of having willfully neglected'and refused to pay a per capita road tax imposed and levied under an ordinance of a police jury of a parish, under the powers and authority conferred upon it by section 2750 of the Revised Statutes and article 291 of the constitution of 1898, is not a competent juror.</p> <p>3. Police juries, in their ordinances respecting public roads, act as state agencies, upon a subject-matter of state concern. They have had expressly delegated to them the authority to pass all such ordinances as they may deem necessary relative to roads, and to enforce the same by indictment or information in the name of the state. Section 2750 of the Revised Statutes; article 291 of the constitution of 189-S.</p> <p>4. Ordinances enacted under this delegation stand before the courts with the force, authority and character of state enactments. They are only in form local enactments.</p> <p>(Syllabus by the Court.)</p>