State v. Wren

• Decision Date: 30 March 1908
• Docket Number: 16,977
• Citation: State v. Wren, 121 La. 55, 46 So. 99 (La. 1908)
• Court: Louisiana Supreme Court
• Parties: STATE v. WREN et al

46 So. 99

121 La. 55

STATE v. WREN et al

No. 16,977

Supreme Court of Louisiana

March 30, 1908

Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; Clay Elliott, Judge.

Georgia Wren and Charley Wren were convicted of robbery, and appeal. Affirmed.

Thomas Milton Bankston and Alonzo Preston Gill, for appellants.

Walter Guion, Atty. Gen., and Robert Stephen Ellis, Dist. Atty (Lewis Guion, of counsel), for the State.

OPINION

PROVOSTY J.

Defendants have appealed from a conviction of robbery and a sentence of two years at hard labor.

On the same day on which they were tried, they were tried on another charge of robbery; the present case having been called up for trial as soon as the other was gotten through with. They objected to going to trial, on the ground that the first charge, although terminated by an acquittal, was calculated to injure them in the minds of the panel of jurors in attendance upon the court, all of whom had been present during the first trial. This court is not informed whether this "objection to going to trial" was intended as a motion for continuance, or as a challenge to the array based upon the jurors being every one of them disqualified by prejudice. Whatever it was intended to be, it does not come up in such shape that it can be considered; and we may add that nothing in the record shows that it would have any merit, if in proper form, since the fact of the jurors having known that defendants had been tried and acquitted on another charge of robbery did not necessarily have the effect of disqualifying them as jurors.

The second bill consists entirely of the...