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State ex Rel. Lewis v. Henderson

Supreme Court of Louisiana
Aug 17, 1971
259 La. 691 (La. 1971)

Summary

In State ex rel. Lewis v. Henderson, 259 La. 691, 251 So.2d 639 (1971), this Court held that such an endorsement was valid.

Summary of this case from State v. Jack

Opinion

No. 51550.

August 17, 1971.


Writ denied.

At the evidentiary hearing below, the proof shows that counsel was present with the defendants at their sentencing, and we cannot say that the trial court erred in accepting the testimony of counsel that he was present, and the testimony of the general practice of the court in requiring counsel to be present, as disproving the allegations of the petition to the contrary.

With regard to the averment that the indictment was fatally defective because not endorsed by the foreman of the grand jury, see State v. Stoma, 199 La. 529, 6 So.2d 650, former La.R.S. 15:3 (1950), cf. La.C.Crim.P. art. 383, we find, based on the evidence at the evidentiary hearing, that the grand jury indictments were signed by the foreman of the grand jury at the time the indictments were returned. This satisfies the requirement of La.C.Crim.P. Art. 383 that the indictment must "[be] endorsed 'a true bill,' and the endorsement must be signed by the foreman". The endorsement "A True Bill" may be printed, as here, or typed — it need not be handwritten by the foreman — before it is signed by the foreman of the grand jury.


Summaries of

State ex Rel. Lewis v. Henderson

Supreme Court of Louisiana
Aug 17, 1971
259 La. 691 (La. 1971)

In State ex rel. Lewis v. Henderson, 259 La. 691, 251 So.2d 639 (1971), this Court held that such an endorsement was valid.

Summary of this case from State v. Jack
Case details for

State ex Rel. Lewis v. Henderson

Case Details

Full title:STATE EX REL. ROBERT LEWIS AND DONALD RAY BUFFETT v. C. MURRAY HENDERSON…

Court:Supreme Court of Louisiana

Date published: Aug 17, 1971

Citations

259 La. 691 (La. 1971)
251 So. 2d 639

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