State v. Axiom

Supreme Court of Louisiana
State v. Axiom, 23 La. Ann. 621 (La. 1871)
Howe

State v. Axiom

Opinion of the Court

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.

*622Second — 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.

Reference

Full Case Name
The State of Louisiana v. Romeo Axiom
Cited By
1 case
Status
Published