36 LAANN 193 - State v. Rowland

How this case has been cited

Cited by 3 later decisions — most recently November 1937

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1The opinion of the Court was delivered by

PeNster, J.

¶2The State is appellant from a judgment of the lower court quashing the indictment against defendants, on the ground that *194one of the grand jurors, who found the bill, was not a resident of the parish of Winn for twelve months next preceding his service as grand juror.

¶3The fact of Ms non-residence is not disputed, nor is it denied that, under the law, it operated the disqualification of the juror.

¶4The contention of the State is, that the objection to the grand jury came too late, because not urged prior to the finding of the bill of indictment.

¶5The motion to quash was filed at the arraignment of defendants and before pleading to the. indictment.

¶6It has long been settled, in this State, that the incompetency of one member of a grand jury vitiates the indictment found by it; and that the objection may be urged after finding of the bill. State vs. Nolan, 8 Rob. 513; State vs. Jones, Id. 616; State vs. Parks, 21 A. 251.

¶7Judgment affirmed.