48 La. Ann. 380 | La. | 1896
The opinion of the court was delivered by
The defendant, convicted of retailing spirituous liquor without first obtaining a license and sentenced to pay a fine sufficient in amount to give jurisdiction to this court, prosecutes this appeal.
There is a motion to dismiss on the general ground that the record is imperfect and the special assignments that the dates of the organization of the court and of the proceedings complained of by the appellant, do not appear in the record. We would not feel authorized to dismiss an appeal for imperfections of this character not imputable to appellant, and our examination of the record fails to disclose any basis to dismiss. The motion is denied.
There are four bills of exception. One is to the overruling of the defendant’s challenge to the array of jurors, based on the ground that the jury commissioners “packed,” to use the word employed in the challenge, the jury, with prohibitionists prejudiced against the accused, the commissioners themselves being members of that party and of its secret executive committee. The testimony to support the challenge was directed not only to show that prohibitionists were on the panel, but that in Monroe, where the offence of violating the law relating to the sale of liquor is charged to have been committed, there was .much excitement, on the liquor question; that the prohibition party had been formed to aid the enforcement of the laws against the sale of liquor, or' as the witness expresses it, all prohibition laws; that the party contributed money for the purpose of its organization, and that an election shortly prior to the trial of the accused had been held to determine whether the sale of liquor should be permitted within the limits of the city of Monroe. It was further proposed to show that the jury commissioners were members of the prohibition party; that they had excluded all Jews, Catholics and negroes from the jury, and composed
The testimony, indicates that which is of notoriety that the sale of liquor, or of the restrictions to be placed on its sale, enters largely into the public contentions of the day, and prosecutions of the character before us are apt to assume a significance as connected with party issues. The organization of the prohibition party in Monroe indicates that the prosecution in this case was invested with importance in its supposed relation to the prohibition policy, the subject of contest recently at the polls in Monroe.
In all jury trials the Constitution and laws propose an impartial jury. In cases of a political character it is especially obligatory the jury should not represent exclusively, any shade of opinion or sentiment apt to expose the accused to prejudice. The composition of the jury with reference to no other test but moral fitness is enforced in strong language in the ease of Rex vs. O’Connell, introduced in the text-books (Thompson & Merriam on Juries 140), and in which it was claimed the jury was organized to convict, and hence made up exclusively of those whose political affinities were deemed unfavorable to the fair trial of the accused. Under our jury statute jurors are not drawn from names taken indiscriminately from the poll list, but are selected by jury commissioners appointed by the court and by the clerk of the District Court. Act No. 89 of
It is therefore ordered, adjudged and decreed that the sentence be set aside, a new trial ordered, the case remanded and the accused be held for that new trial.