State v. Giron

• Decision Date: 01 January 1900
• Docket Number: 13,286
• Citation: 26 So. 985,52 La.Ann. 491
• Court: Louisiana Supreme Court
• Parties: STATE OF LOUISIANA v. AGENOR GIRON, JR

26 So. 985

52 La.Ann. 491

STATE OF LOUISIANA v. AGENOR GIRON, JR

No. 13,286

Supreme Court of Louisiana

January 1, 1900

APPEAL from the Eleventh Judicial District, Parish of St. Landry. Dupre, J.

Milton J. Cunningham, Attorney General, and R. Lee Garland, District Attorney, (Charles M. Cunningham, of Counsel,) for Plaintiff Appellee.

C. F Garland and E. B. DuBuisson, for Defendant, Appellant.

OPINION

MONROE J.

Defendant having been convicted of manslaughter, and duly sentenced, has appealed, and his counsel rely, in this court, upon a bill of exceptions taken to the ruling of the judge a quo in refusing a new trial.

It appears, from the record, that the defendant, having been tried and convicted, a motion for new trial was filed, based upon the ground that the verdict was contrary to law and the evidence, and that said motion was overruled. Subsequently, and before sentence, another application, in the form of a petition for new trial, was made, which was verified by the affidavits of the petitioner and his counsel, and reads as follows, to-wit:

"That Jacob Vatter, one of the jurors of the panel that returned a verdict of guilty of manslaughter against him (defendant), shortly after the commission of the alleged crime, at the store of C. P. Richard in the suburbs of Opelousas, publicly expressed himself to the effect that, if he were taken on the jury that would try petitioner, he would vote to find him guilty; that among those who heard him so express himself were the said C. P. Richard, A. M. Hollier, and Louis Vanhille, all residents of Opelouses or its vicinity; that the said Vatter, when examined on his voir dire, stated that he had neither formed nor expressed an opinion as to the petitioner's guilt or innocence; that, neither at that time, nor when the application for new trial was filed and submitted, did either petitioner or his counsel know that the said Vatter had so expressed himself as aforesaid, and that is why the matter was not called to the court's attention until this time."

Upon the trial of this application, it was admitted that the juror, Jacob Vatter, "when examined on his voir dire, before being sworn in chief, was asked the question, 'whether he had formed or expressed an opinion as to the guilt or innocence of the defendant, and replied that he had not.' It was further admitted that "neither defendant, nor his counsel has heard or knew of the alleged expression of opinion by said juror, as set forth in the alias application for a new trial, until after the verdict and the filing of the original motion for new trial."

And the following testimony was elicited, to-wit:

Louis Vanhille testifies: "When I got to Mr. Richard's store, Mr. Jacob Vatter, Mr. A. M. Hollier, and Mr. Richard, the proprietor, were there, on the morning after Mary Hardy met her death; they were in conversation then about the case. One of the parties, I don't remember which one, asked how was Giron, if he was dead or dangerously shot. I had not seen him. Mr. C. P. Richard said it was the best thing for him, because it would be a rope case, sure. Mr. Vatter was sitting near the counter, smoking a cigar; he got up from his seat, and said: 'Its more than likely to be a hanging scrape;' he said 'it's a case I would not like to serve on because I would be bound to convict him.' By that time Mr. Richard went round the counter to give me his order. After I got his order, I left and heard no more of the case."

A. M. Hollier testifies: "I was at Mr. C. P. Richard's store shortly after the killing of Mary Hardy. Mr. Jacob Vatter, and Louis Vanhille, besides Mr. Richard, the proprietor, were there. I remember when Mr. Vatter expressed himself, that, from what he had heard of the case, that it would be a hanging scrape, and if he was to get on that jury, he would be bound to hang him. Then I asked him how could he form an opinion from hearsay, and we kept on discussing the subject, and I remarked to him that I never expressed my opinion before I heard the evidence on both sides. I was on the jury when the prisoner was first placed on trial. I was one of those who stood out for acquittal. I think there were nine of us for acquittal."

C. P. Richard testifies: "Shortly after the killing of Mary Hardy, I remember that we talked about it when Mr. Vatter, A. M. Hollier, and Louis Vanhille were in the store, but I do not recall the conversation well enough to give the substance of it."

Maurice J. Dufilho testifies: "I am a brother-in-law of A. M. Hollier; he married my sister. * * * After the first trial of Agenor Giron, Mr. Vatter and I were talking about the mistrial in the Giron case, and Mr. Vatter told me that he could not understand how a man like Mr. A. M. Hollier could acquit a man that had committed such a crime. I told him that I had followed the case, and heard every witness speak, and I thought he was right to hold out for acquittal; he told me he knew all about it too."

Jacob Vatter testifies: "I lived in the parish of St. Landry about forty-three years. I came here when I was six years old. I am a property holder in the parish.

"Q. Before you served as a juror in the case of the State against Giron had you any fixed opinion as to his guilt or innocence?

"A. I had not.

"Q. Had you heard anything more than the general rumors that one generally hears, when a crime is alleged to have been committed?

"A. I had not.

"Q. State whether you remember any of the conversations alleged to have taken place at the store of C. P. Richard, and referred to in the testimony of Louis Vanhille?

"A. No, sir; I heard not a word of any such conversation.

"Q. You had no interest, one way or the other, in the suit against Giron?

"A. No, sir.

"Q. Did you have a conversation with M. J. Dufilho as referred to by him?

"A. No, sir; not regarding this case.

"Q. Do you remember seeing him at the camp meeting?

"A. I do.

"Q. When was it that you ascertained that A. H. Hollier was a member of the jury on the first trial of Giron?

"A. Just now, this morning.

"Q. In rendering your verdict as a juror in this case, were you influenced entirely by the evidence, or were you influenced in any respect by the rumors previously heard by you?

(Objected to; objection overruled, and bill reserved).

"A. I was influenced entirely by the evidence. I had no opinion as to his...