26 La. Ann. 460 | La. | 1874
The defendant, convicted of manslaughter, has appealed from the judgment of the district court which sentenced him to seven years’ imprisonment at hard labor in the penitentiary.
His first complaint is, that the crime charged against him was on the face of the papers prescribed, when what purports to be the indictment, was filed in court. He relies on section 986 of the Revised
The second objection is that the “paper purporting to be an indictment against him lacks all the essential requisites of an indictment.” The fault complained of is that it is not signed and indorsed by the foreman of the grand jury, and as the constitution requires. The indictment is signed thus:
his
“A true bill. WILLIAM M TAYLOR,
mark
Foreman.”
The law does not say that because the foreman of a grand jury can not write his name, the indictment found by the grand jury of which he is foreman shall not be good.
His third objection is that “the statutes of the State restricting the qualifications of jurors to citizens of the State who are duly qualified electors, registered voters, are unconstitutional and violative of articles five (amendments) and six of the constitution of the United States, and of the article xiv, section one, constitutional amendments thereto, and of article six of the constitution of the State. By them the accused has a constitutional right to be tried by a jury of his peers, drawn from among all of his peers who enjoy the civil and political right of citizens and freemen, and who have the right and capacity to enjoy them, whether said political rights are exercised actively by registry on a list of duly qualified electors and evidenced by a certificate of registry or not.”
We quote the language of the objection. It answers itself.
The next ground he stands upon is that several of the jury were guilty of misconduct and partiality and prejudice against him, and he proved by one Bron that he, Bron, was a juror in another case; that several of the jurors who were impanneled on the trial of the defend
Judgment affirmed.
Rehearing refused.