State v. Jackson
State v. Jackson
Opinion of the Court
The opinion of the court was delivered by
The record presents two bills of exception to rulings of the judge in the empaneling of the jury which tried the cause.
The second bill is to a ruling of the court refusing an exemption from jury service pleaded by a juror. This bill has no merit for two reasons:
1. It is well settled that exemption from jury duty is a personal privilege, and in no sense a disqualification. If the juror had not urged his exemption, his service on the jury would not have vitiated the verdict; and the overruling of his plea, even if erroneous, would be a matter of complaint for the juror, not for defendant. State vs. Morning Star, 23 An. 8; State vs. Guidry, 28 An. 630; Thompson & Merriam, Juries, Sec. 40.
2. In this case the juror did not serve, but was peremptorily challenged by accused; and the bill shows that the latter’s peremptory challenges were never exhausted. Under our repeated rulings this circumstance deprives accused of any claim to relief. State vs. Simmons, 38 An. 41; State vs. Creech, Id. 480.
Suggestion is made of error on the face of the record in this, that the verdict, though written, was not signed by the foreman, and the jury was not polled. This is frivolous. The verdict need not be written, and, if written, need not be signed. State vs. Avery; Mannings’ Unrep. Cases, 258; State vs. Simon, 37 An. 569; State vs. Smith, 33 An. 1416.
If defendant desired the jury to be polled, he should have demanded it at the time.
Judgment affirmed.
Reference
- Full Case Name
- The State of Louisiana v. James Jackson
- Status
- Published