71 So. 860 | La. | 1915
Lead Opinion
The defendants, Camillus Ashworth and Valentine Ashworth, were indicted and tried for murder, were convicted of manslaughter, sentenced to imprisonment in the penitentiary for the terms of 15 years and 21 years, respectively, and have appealed.
The first bill of exceptions recites that, after the regular venire of jurors was exhausted, the court ordered that the names of 30 tales jurors be drawn from the tales jury box, and that, before all of the tales jurors whose names were drawn came into court, the judge ordered the impaneling of the jury to be proceeded with, and the sheriff called jurors from the audience, whose names were not drawn from the envelope or from the tales jury box.
It is not true that the names of the tales jurors who were called from the audience by the sheriff had not been drawn from the tales jury box. The counsel who drafted this bill of exceptions evidently meant to say that the 30 slips drawn from the tales jury box, or the slips bearing the names of those who appeared in response to the sheriff’s summons, were not thereafter placed into a box and again drawn by the clerk, but that the sheriff called from the list made by him of the names that had been drawn from the tales jury box the tales jurors who were impaneled on the jury. The statement per curiam explains this, viz.:
“I ordered the deputy clerk to draw from the jury box the names of the tales jurors in the presence of the court. The sheriff made a list of said jurors as they were drawn. When seven or eight of the jurors reported, I ordered the trial to be proceeded with. The sheriff called names of the tales jurors from the list of those present, and the trial was proceeded with.”
To which the defendants’ counsel objected, and reserved a bill of exceptions.
It is unnecessary to consider the other ■bills of exception reserved by the defendants.
The verdict. and sentence appealed from are annulled, and it is ordered that this case be remanded to the district court for a new trial.
Rehearing
On Rehearing.
Bill No. 3 involves the two questions whether a deputy coroner may act in place of the coroner in holding an inquest, and whether the sworn testimony of a witness taken down at the coroner’s inquest may be read to'the jury on the trial of the case for the purpose of impeaching the witness.
“The testimony of a witness before an inquest may be admitted to discredit his testimony at the time of trial.”
Bill No. 5 contents itself with the bare and naked recital that the following charge:
“That a verdict of guilty in this case would act as acquittal of another person charged in a separate indictment with the same crime”
—was asked to be given, and was .refused. This court, not being Informed of the pertinency of the charge, is not in a position to say whether the refusal to give it was error. State v. Haywood, 121 La. 862, 46 South. 889.
Being a principal (State v. Littell, 45 La. Ann. 655, 12 South. 750), he may, of course, be indicted as such.
The objection to the sufficiency of the bills is without merit, in view of the very full and satisfactory per curiams.
On all points, except as to the drawing of the jury, the right to apply for a rehearing is reserved.
Judgment affirmed.