103 So. 164 (La. 1925), 26940, State v. Webb

Docket Nº:26940
Citation:103 So. 164, 157 La. 814
Opinion Judge:ROGERS, J.
Party Name:STATE v. WEBB
Attorney:Elder & Everett and H. E. Dawkins, all of Farmerville, for appellant. Percy Saint, Atty. Gen., H. G. Fields, Dist. Atty., of Farmerville, and Percy T. Ogden, Asst. Atty. Gen. (J. Bernard Cocke, of New Orleans, of counsel), for the State.
Case Date:February 02, 1925
Court:Supreme Court of Louisiana
 
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Page 164

103 So. 164 (La. 1925)

157 La. 814

STATE

v.

WEBB

No. 26940

Supreme Court of Louisiana

February 2, 1925

Appeal from Fourth Judicial District Court, Parish of Union; S. L. Digby, Judge.

Abner Webb was convicted of manslaughter, and he appeals.

Affirmed.

Elder & Everett and H. E. Dawkins, all of Farmerville, for appellant.

Percy Saint, Atty. Gen., H. G. Fields, Dist. Atty., of Farmerville, and Percy T. Ogden, Asst. Atty. Gen. (J. Bernard Cocke, of New Orleans, of counsel), for the State.

OPINION

[157 La. 815] ROGERS, J.

Defendant was indicted for the crime of murder. He was tried and found guilty without capital punishment, and duly sentenced. Because the court below erred in admitting certain objectionable testimony, this court, on appeal, set the verdict and sentence aside and remanded the case. See State v. Webb, 156 La. 952, 101 So. 338.

On his second trial under said indictment defendant was found guilty of manslaughter and sentenced accordingly, and again has appealed to this court.

The record contains six bills of exception, five reserved during the progress of the trial, and the sixth reserved to the refusal of a motion for a new trial.

Counsel for defendant have not argued bills Nos. 1, 4, and 6. However, we have [157 La. 816] examined these bills, and, finding them to be without merit, will not make further reference thereto.

Bill No. 2 was taken to the refusal of the court to sustain the challenge for cause of a tales juror named J. S. Copeland, because the name as drawn from the jury box, and as set forth on the list submitted to counsel for defense and prosecution, appeared as J. S. Copen. The juror was excused upon a peremptory challenge by the defense.

From an examination of the talesman on his voir dire it appears that he was the person intended to be summoned, and that he was actually summoned as J. S. Copeland; that he was the only person of that name living in the ward whence he was summoned, and that his name was frequently misspelled, There was no evidence adduced showing the existence of any person named J. S. Copen.

The ruling of the court was correct. It does not appear that defendant was in any wise misled by the misspelling of the name of the talesman, and it is not claimed that defendant did not know the party summoned as well by the name as...

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