No. 226 Precedential Processed

State v. Axiom

Louisiana Supreme Court · Filed July 15, 1871 · 23 La. Ann. 621

Also decided on this docket: La. Ct. App. 4th Cir., January 24, 1961 126 So. 2d 191; La., October 15, 1888 40 La. Ann. 753; La. Ct. App. 3d Cir., April 17, 1961 129 So. 2d 66

Opinion text

Howe, J. The defendant having been convicted of manslaughter aud sentenced accordingly has appealed and presents two points: First — That he was not served with a correct jury list. This point, made for the firs.t time after verdict, came too late. State v. Vester, lately decided; 23 An. —; State v. Clark, 23 An. 194. *622 Second — That Moses Brockett who appeared by the clerk’s minutes,, at the time the motion for a new trial was made, to have been impanneled' as a grand juror, was not on the venire of jurors, was not a-registered voter of tho paiish, and was not a competent, juror. It might have been added, probably with equal truth, that there was no such person in being. For it plainly appears that the name Brockett in tho minutes was a clerical error for Crockett; that Moses Crockett was on the venire, was impanneled on the grand jury, and was a competent juror; and that this error was duly corrected, so ihat tho-minutes now show the true fact and not the fiction behind which the-appellant seeks to take shelter. This correction of the minutes was-properly made. 2 An. 745; 9 An. 94; 10 An. 193 Judgment affirmed.