83 So. 264 | La. | 1919
Defendant appeals from a conviction and sentence to life imprisonment on a charge of rape. Eighteen bills of exception appear in the record.
Bill of exceptions No. 1 was retained to the overruling by the lower court of a motion to quash the bill of indictment on the ground that the grand jury by which it was returned was illegally constituted. The facts surrounding the drawing and impaneling of the said grand jury were as follows:
(1) Sam Lisso, first chosen foreman, be- • cause he was postmaster at Glemora, La., and in whose stead one Joe Williams was called to the jury box, and, after taking his seat, was by the court designated as foreman, in lieu of Lisso.
(2) W. C. Beall, because he was found not to be a registered voter of Rapides parish, though apparently possessing all other qualifications.
(3) J. W. Smith, because he was found to be a member of the Leeompte school board.
(4) W. F. Bethune, because he was a special deputy sheriff.
(5) Felix Melder, because he was also a special deputy sheriff.
(6) O. F. Crockett, because he was secretary of the board of trustees of the Louisiana hospital for the insane at Pineville, La.
Of course, six additional names were drawn to replace those so excused or discharged, and leaving only one of the nineteen men who appeared for service on the grand jury uncalled.
Defendant also urged, as a ground for quashing the indictment, that one Rufus Smith, who actually served on the said grand jury, was not legally qualified to act, in that he was not a bona fide male resident and citizen of the state of Louisiana:
We will now proceed to dispose of the motion to quash, for, if it be good, then a consideration of the other bills of exception will become unnecessary.
The law governing the qualifications of jurors (grand and petit) is found in section 1, Act 135 of 1898, p. 216, as follows:
“Section 1. Be it enacted by the General Assembly of the State of Louisiana, that the qualifications of a juror to serve in any of the courts of this state shall be as follows:
“To be a citizen of the United States and of this state, a bona fide male resident of the parish in and for which the court is holden, for one year next preceding such service not under interdiction or charged with any crime or offense nor convicted at any time of any crime or offense punishable by hard labor, unless he has been pardoned, and to be a competent and intelligent person of full age having capacity to serve as a juror, to try and determine both civil and criminal cases, provided that there shall be no distinction made on account of race, color or previous condition; and provided further, that the judges of the district courts shall have discretion to decide upon the competency of jurors in particular cases where from physical infirmity or from relationship or from ignorance of the English language and inability to understand the same when read or spoken, or other causes, the person may be, in the opinion of the judge, incompetent to sit upon the trial*1095 of any particular case. In addition to the foregoing qualifications, a grand juror shall be able to read and write the English language and be a person of well known good character and standing in the community.”
Section 2 of the same act provides the exemptions from jury service, which are personal to those so called, as follows:
“See. 2. Be it further enacted, etc., that the following persons shall be exempt from serving -as grand or petit jurors; but the exemption shall be personal to them and when they do not themselves claim the exemption, it shall not be sufficient caqse for challenging any person exempt under the provisions of this act, viz.:
“First. The members, the officers and the clerks of the General Assembly, during the session of the Legislature, and in going to and returning from the same.
“Second. The Governor, Lieutenant Governor, State Auditor, State Treasurer, Secretary of State, Superintendent of Public Education, their clerks and employés and all public officers commissioned under authority of the United States.
“Third. Judges and officers of the several courts of this state, members of the police jury, attorneys at law, ministers of the gospel and physicians actually engaged in the practice of their profession, professors and school teachers, * * * apothecaries and notaries and all members of paid fire departments.
“Fourth. All persons over sixty (60) years of age, those who from sickness or other physical 'infirmity may be incapacitated from rendering such service, and those who have served as grand jurors under the provisions of this act during the period of six (6) months, and those who have served as petit jurors as herein provided, who shall not again be called as jurors until after the expiration of one year from the date of their service.
“Fifth. All telegraph and telephone operators actually employed as such and agents representing them at various stations. Also chief engineers of electric, waterworks, ice plants and sugar factories while actually engaged in the performance of their duties.”
Since the passage of the Act No. 135 of 1898, there have been amendments thereto, and other legislation in respect to juries and jurors, as follows:
Act No. 58 of 1904, amending section 4 of said act, dealing with the manner of drawing and selecting grand and petit jurors by the jury commission of each parish outside of Orleans.
Act No. 18 of 1906, exempting commercial travelers from jury duty.
Act No. 23 of 1908, requiring the impaneling of grand juries outside of the parish of Orleans at least twice a year (except as to the parish of Cameron).
Act No. 113 of 1912, amending section 12 of Act 135 of 1898, with reference to compelling the attendance of jurors and their compensation.
Act No. 66 of 1914, exempting undertakers from jury service.
Act No. 182 of 1914, amending section 11 of the act of 1898, with respect to the drawing of tales jurors.
Act No. 122 of 1916, amending the last-mentioned act of 1914.
Act No. 113 of 1918, amending the act last mentioned on the subject of tales jurors.
It follows that six of the twelve men who sat on the grand jury which returned the indictment in the present case were not lawful members thereof, and its proceedings were therefore invalid.
We find it unnecessary to consider the other questions raised on the record.
For the reasons assigned, the judgment and verdict appealed from is annulled and reversed, and the motion to quash is hereby sustained.