State v. White

Citations

• 52 La. Ann. 206

Syllabus

<p>Syllabus.</p> <p>1. The leaving of the Jury box by a Juryman during a recess of court to take a drink of water, from a bucket on the opposite side of the court room, is not such a separation of the jury during the trial, as to furnish cause for reversal when the juryman was constantly in the view of a part of the jury and of the deputy sheriff in charge of the jury, and he held communication with no one after leaving and while returning to his seat.</p> <p>2. The presence of the accused either at the refixing of his case for trial or at the trial of a motion for a new trial is not essential, though testimony be taken on behalf of defendant at the last mentioned trial.</p> <p>3. Where the minutes of the court of the day of the trial of a criminal case commence with an entry opposite the title of the cause and in its recital of the first proceeding in the action discloses the presence of the accused in court at the time and continuing without break recites all the various steps of the trial on that day and closes with the bringing in of the verdict by the jury and ends with the words “the accused being present in court”, his continuous presence in court during the proceedings referred to, and covered by the minutes, will be presumed.</p> <p>4. Where the complaint urged by an accused on appeal is, not that he was in fact not present, but that the record does not disclose the fact of such presence, the Supreme Court, if in doubt as to the fact, will not upon the strength of that doubt, set aside the verdict of the jury and reverse the judgment, but will hold the case open, until by proper proceedings, the actual facts can be ascertained.</p> <p>5.The fact that one of the jury commissioners who assisted in drawing the jury had not at that time taken an oath of office, is not properly brought’ before the Supreme Court on a motion in arrest. The oaths of the jury commissioners and the proces verbal of their deliberations do not form part of the record of each individual