State v. Thompson
| Decision Date | 01 January 1900 |
| Docket Number | 13,678 |
| Court | Louisiana Supreme Court |
| Parties | STATE OF LOUISIANA v. WILLIAM THOMPSON |
APPEAL from the Twenty-Seventh Judicial District, Parish of Assumption -- Leche, J.
Walter Guion, Attorney General, and G. Adolph Gondran, District Attorney, (Lewis Guion, of Counsel,) for Plaintiff, Appellee.
Pugh & Pugh, for Defendant, Appellant.
STATEMENT OF THE CASE.
The defendant was found guilty under an information charging him with horse stealing, and was sentenced to hard labor in the penitentiary for one year.
Prior to going to trial he moved to quash and set aside the jury on the ground that it was drawn to the great injury, wrong and fraud of himself, and that it would work irreparable injury if it was allowed to sit on his case. The objections urged were that the law directed (Act No. 135 of 1898) that juries should be drawn by the Jury Commissioners for the first week of the next ensuing session of the court after the drawing; that the next ensuing term after the meeting of the jury commissioners on the 3rd of July, 1900, was the term commencing July 16th, 1900; that no petit jurors were drawn or summoned for the first week of that session, but the proces verbal of the drawing of the said jury showed that they were drawn for the first and last week of said term of court, beginning on Monday, July 3rd, 1900, and were summoned for Monday, July 23rd, 1900.
The motion to quash was overruled and defendant excepted.
On being arraigned he pleaded not guilty and waiving trial by jury prayed to be tried by the court.
The court refused to accede to this prayer, and directed that he be tried by a jury. This action of the court was made the basis of a bill of exceptions, taken at the time, and also for a second bill taken later to the refusal of the district judge to consider it as a ground for a new trial, when assigned as such by the defendant.
The petit jury was empaneled and sworn without further objection; the record giving no evidence of challenge of any kind.
OPINION.By the 15th Section of Act No. 135 of 1898, it was enacted that it should not be sufficient cause to challenge the general venire selected for any session of the court or portion thereof, or for service at any time, in any parish or district of the State, or set aside the venire because some of the jurors on the list are not qualified to act; nor because of any other defect or irregularity in the manner of selecting the jury as above provided (in the act) "and to such defect (no such defect) or irregularity in the selection of the jury shall be sufficient cause if it shall not appear that some fraud has been practiced or some great injury committed in the selection and summoning of the jury that...
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State v. Garrison
...by juries was made in the interest of both the accused parties and the state and neither is permitted to derogate from it. State v. Thompson, 104 La. 167, 28 So. 882; State v. Jackson, 106 La. 189, 30 So. 309.' Cf. Patton v. United States, 281 U.S. 276, 50 S.Ct. 253, 74 L.Ed. In State v. Li......
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State v. Jones, 2005-K-0226.
... ... With the current constitutional provision in mind, I turn to the jurisprudence ... Page 515 ... Review of the jurisprudence begins with State v. Thompson, 104 La. 167, 28 So. 882 (1900), a case in which the defendant was accused of horse stealing, an offense punishable at hard labor. In affirming defendant's conviction by a jury, this court stated: ... The action of the [district] court refusing to allow the accused to waive trial ... ...
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State v. Jones
...and will not allow them to be taken away without due process of law."' Beebe, 127 La. at 497, 53 So. at 731 (citing State v. Thompson, 104 La. 167, 28 So. 882 (1900)). The court for the [S]tate is as much interested that a person who may be subjected to punishment at hard labor shall not be......
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State v. Jones
...and will not allow them to be taken away without due process of law."' Beebe, 127 La. at 497, 53 So. at 731 (citing State v. Thompson, 104 La. 167, 28 So. 882 (1900)). The court for the [S]tate is as much interested that a person who may be subjected to punishment at hard labor shall not be......