68 So. 133 | La. | 1915
The appellant was convicted of the crime of stealing a cow and sentenced to imprisonment in the penitentiary for two years.
“That no person holding any office under the state or any parish or municipality therein shall be competent to hold the office of jury commissioner.”
Membership of an executive committee of a political party is not a state, parish, or municipal office.
Two bills of exception were reserved, respectively,-to the judge’s excusing or discharging five of the regular jurors drawn for the week and to the impaneling of four tales jurors.
Although the defendant had the right to have the regular venire exhausted before resorting to tales jurors, the judge was vested with some discretion in the matter of excusing or discharging a limited number of the regular jurors; and it does not appear that he abused that discretion. The defendant’s right is that of eliminating ineomjjetent jurors — not of selecting jurors of his choice. State v. Thompson, 116 La. 829, 41 South. 107; State v. Hamilton, 35 La. Ann. 1043.
The verdict and sentence appealed from are affirmed.