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140 La. 145

State v. Jackson

Supreme Court of Louisiana

Decided October 30, 1916

Supreme Court of Louisiana · decided 1916-10-30

Henry Jackson applies for a writ of certiorari, to review the refusal to quash an indictment, and for a writ of prohibition.

Relies on State v. Causey · State v. Brooks

Certiorari granted, and writ of prohibition dismissed · Decided 1916-10-30

PROVOSTY, J.

¶1A certiorari was granted in this case to review the refusal to quash the indictment on the ground of the disqualification of one of the.grand jurors; but, it appearing that the disqualified juror did not participate in the finding of the indictment, and the sole question being as to the indictment being invalid because found by a grand jury, which as the result of one of its members having been discharged, as disqualified, was composed of less than 12, the ruling complained of is approved. State v. Causey, 43 La. Ann. 897, 9 South. 900; State v. Brooks, 48 La. Ann. 1519, 20 South. 905.

¶2The writ herein is dismissed at the cost of the relator.

O’NIELL, J., dissents.
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