State v. Starr

Citations

• 52 La. Ann. 610

Syllabus

<p>Syllabus.</p> <p>1. The fact that the minutes of court do not show the grand jury, which returned the indictment, was charged, is not reversible error.</p> <p>2. After trial and conviction, it is too late to object that one of the jury commissioners was not eligible, or had not qualified.</p> <p>3. under the Jury Act of 1898, the clerk of court is ex-officio a member of the jury commission. Being such, not necessary for him to take the oath prescribed for the jury commissioners appointed by the District Judge.</p> <p>4. The minutes of court showing 'the return of bills of indictment and their presentation to the court before the discharge of the grand jury, it is wholly immaterial that the clerk entered the fact that the judge had directed the discharge of the jury before he entered the title of the cases against those indicted.</p> <p>tí. The trial of a criminal cause begun, proceeded with and concluded in one day, is viewed as a continuous whole, and the presence of the accused being affirmatively shown at the begimming, is presumed to have continued throughout the day.</p> <p>Í!. if it were- otherwise, the fact should have been distinctly averred, in which event the case would hSive been remanded — the verdict and sentence meanwhile maintained — to test the question thus raised.</p> <p>7. And in a capital case like the present one, if on application for rehearing it be stated under oath of the accused, or his counsel, that the former were not present in court when the verdict was rendered, judgment will be suspended and trial of that issue of fact contradictorily with the State in the court a qua, on motion to correct the record to show the true facts, will be ordered.</p>