R. S. 993-995 person shall contain a correct list of the names of the jurors, it does not require the parish wards in which the jurors live shall be given. State vs. Underwood, 49 An. 1599. See Note of Decisions, p. 509, et seq. [Authority of Courts, When Insanity Is Pleaded.] 993. Whenever any person arrested to answer for any crime or misdemeanor, before any court of this State, shall be acquitted thereof by the jury, or shall not be indicted by the grand jury, by reason of the insanity or mental derangement of such person, and the discharge and going at large of such person shall be deemed by the court to be dangerous to the safety of the citizens or to the peace of the State, the court is authorized and empowered to commit such person to the State Insane Hospital, or any similar institution in any parish within the jurisdiction of the court, there to be detained until he be restored to his right mind, or otherwise delivered by due course of law. See Annotation to Sec. 995. [Report of Grand Jury, When Bill Not Found, Because of Insanity of Accused.] 994. Whenever the grand jury, upon any inquiry which they may make as to the commission of any crime or misdemeanor, by any person, shall omit to find a bill for the causes aforesaid, it shall be the duty of such jury to certify the same to the court. [Duty of Jury, When Insanity is Reason for Acquittal.] 995. Whenever the jury, upon the general issue of not guilty, shall acquit any person for the cause aforesaid, it shall be their duty, in giving their verdict of not guilty, to state that it was for such cause. Act 92, 1902. Insane Asylums for colored people, Secs 14 to 16, pp. 806, 807. "In order to acquit a person accused of murder on the ground of insanity, the jury must be satisfied of that insanity by clear and convincing proof." A charge "That men are presumed to be sane, until they are proven insane. If there is a reasonable doubt as to their sanity, this degree of proof does not overthrow the presumption of sanity, and the jury should find him sane" and "should be overcome beyond reasonable doubt." Held: reversible error. The court held that a preponderance of proof was all the law required "though it be not free from a reasonable doubt." The subject is fully considered and the authorities reviewed in the opinion of the court and the concurring opinion of Mr. Justice Watkins. State vs. Scott, 49 An. 254. R. S. 1768. It is not necessary that physicians appointed by the court to make an examination into the mental condition of an accused person, so that they can more intelligently testify on the subject on the trial, should make a written report of the investigation before being permitted to testify as witnesses. State vs. Pavie, 49 An. 1092. See Note of Decisions, p. 509, et seq. R. S. 996-997 [Standing Mute, Effect of.] 996. If any person, on his arraignment for any offense, shall stand mute, or will not answer to the indictment, the plea of not guilty shall be entered for him on the record, and the court shall proceed to try, and record judgment against him, as if he had pleaded not guilty, and put him upon the country for trial. [Peremptory Challenges.] 997. In all criminal trials in this State for any crime, the punishment of which may be death or imprisonment at hard labor for a term of twelve months or more, the defendant in such case shall be entitled to challenge peremptorily, and without showing any cause, any number of jurors not exceeding twelve, and any number for cause; and this whether such imprisonment shall be peremptory or within the discretion of the court. In all such cases the State shall be allowed six peremptory challenges for each defendant on trial. In all criminal cases where the punishment is less than that above named, the defendant shall have six peremptory challenges and the State three peremptory challenges for each defendant on trial; provided, this act shall not apply to trials to be tried by a special jury, at other terms than regular jury terms of the court, in which cases of trials for crimes and offenses not necessarily punishable at hard labor or death, the accused shall be allowed six peremptory challenges and the State three for each defendant on trial. Where two or more accused persons are on trial jointly, the peremptory challenges of the accused are not exhausted so long as one or more of the accused have any left. All challenges enure to their joint benefit. State vs. Ford et als., 37 An. 459. And under Act 30, 1878, the State is entitled to thirty peremptory challenges when there are five accused persons jointly charged and tried. State vs. Waggoner et al., 39 An. 920. The rejection of a juror by the court on the peremptory challenge of the State is not legal ground for complaint on the part of the accused. State vs. Cruch, 38 An. 481; State vs. Durr, 39 An. 752; State vs. Lewis, 41 An. 590. It is within the discretion of the trial judge and is not reviewable by appeal. State vs. Lewis, 41 An. 591. Even where the cause is not specified. State vs. Thomas, 41 An. 1008. The accused cannot object to the rejection of an obnoxious juror by the court, even when his peremptory challenges are exhausted. State vs. Carries, 39 An. 931; but he can legally object to the acceptance of an obnoxious juror when his peremptory challenges are exhausted. State vs. Aarons, 43 An. 406. The accused can, however, not object, that a person not qualified to act as juror, and peremptorily challenged by him, when his peremptory challenges had not been exhausted, was summoned as a tales juror. State vs. Green, 43 An. 405; State vs. Jackson, 42 An. 1170; State vs. Nash, 45 An. 1137; State vs. Garvey, 43 An. 365. The right to challenge a juror peremptorily may be exercised at any time R. S. 998-1001 before the juror is sworn (State vs. Durr, 39 An. 753), though at the time of last challenge by the State the defendant's peremptory challenges are exhausted. State vs. Carries, 39 An. 931. See title "Jury' and acts and notes printed there. [Peremptory Challenges Allowed State.] 998. In all criminal prosecutions wherein the defendant is allowed peremptory challenges, the State shall also be allowed to challenge without cause, any number not exceeding six (Act 11, 1855, 151). Sec. 997 and note. [Persons Jointly Charged May Be Tried Separately.] 999. When two or more persons shall be charged jointly with the commission of any crime in the same indictment, and the cause is continued as to one or more of the parties, the others so indicted shall be admitted to trial, unless the State can show good cause for a continuance; no one so indicted shall be deprived of a trial in consequence of a continuance of the case as to any of the other parties thus indicted. See Note of Decisions, p. 509, et seq. VERDICT, SENTENCE AND APPEAL. [Verdict in Capital Cases.] 1000. In all cases where the punishment denounced by law is death, it shall be lawful for the jury to qualify their verdict by adding thereto "without capital punishment." And whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to hard labor for life, in the State Penitentiary. [Appeal Without Bond in Certain Cases.] 1001. If final judgment has been rendered upon any indictment where the punishment of death, or imprisonment at hard labor may be inflicted, or where a fine exceeding three hundred dollars is actually imposed, an appeal may be taken on behalf of the accused from such judgment, returnable to the Supreme Court as in civil cases, but no appeal bond shall be required. Appeal lies only from final judgments; one refusing an application for a change of venue is interlocutory and is not appealable, apart from the appeal accorded the accused from the final sentence. State vs. Hart, 48 An. 1008 (Watkins, J., dissenting). R. S. 1002-1005 [Transcript-No Security for Costs.] 1002. On the granting of an appeal in criminal cases, the clerk of the court shall proceed to make out a transcript of the record, as in civil cases, and shall cause the same to be filed in the office of the clerk of the Supreme Court, on or before the return day of said appeal; but the clerk of the Supreme Court shall require no security for costs. Act 19, 1886, and note printed at p. 316. [Clerk to Notify Sheriff of Appeal.] 1003. It shall be the duty of the clerk of the court which has granted an appeal in any criminal case, to give notice thereof forthwith to the sheriff having the custody of the defendant in the indictment, by delivering a copy of the order of appeal to said sheriff, who shall thereupon keep the said defendant in his custody in jail, without executing the sentence which may have been passed, unless he waives his appeal, to abide such judgment as may be rendered by the Supreme Court on appeal. Sections 975 and 983 and A'ct 79, 1884, printed under it. [Execution of Death Penalty-Formalities.] 1004. No person sentenced to death shall be executed until a certified copy of the whole record of the proceedings in such case be sent to the Governor of the State; and a warrant shall be issued by him, under the seal of the State, with a copy of the record thereunto annexed, directed to the sheriff of the court wherein the sentence or judgment was passed, commanding the sheriff to cause the execution to be done on the person so condemned in all things according to the judgment against him; and it shall be the duty of the sheriff, to whom such warrant shall be directed, to execute the same in due form of law. Sections 975, 983. [Death Sentence-Transcript to Governor.] 1005. It shall be the duty of the clerk of the court in which such sentence of death shall have been rendered, to make out a true copy of all proceedings in such case, and to transmit them without delay to the Governor of this State, and should the record be received by the Governor during the recess of the Senate, he may whenever he shall deem the same proper, delay awarding any warrant of execution until the end of the next session of the General Assembly. [Juveniles Convicted in New Orleans.] R. S. 1006-1009 1006. The judges of the several courts of the city of New Orleans, exercising criminal jurisdiction, are hereby authorized and empowered, in their discretion, to sentence all persons under the age of twenty-one years, convicted of any crime, not capital, to the House of Refuge instead of the Penitentiary or Parish Prison. (As amended by Act 178, 1898, p. 426.) See Act 136, 1902. Trial of minors under sixteen, printed under Sec. 977. [Imprisonment of Convicted Persons Pending Appeal.] 1007. In all cases where persons convicted of crimes shall be sentenced to death, or to imprisonment at hard labor, it shall be the duty of the sheriff of the court where the sentence has been pronounced immediately to take the person convicted into custody, and to keep him confined in the parish jail, notwithstanding any appeal or reprieve, until the final action of the Supreme Court on the appeal, or of the State on the reprieve. "Imprisonment at hard labor" means imprisonment at such labor in the penitentiary. It does not mean the work on public roads, bridges and other , public works authorized by Art. 292 of the Constitution. State er el. Collette, 106 La. 221. One convicted of an offense the sentence for which, not yet pronounced, may be imprisoned at hard labor, is not entitled to bail pending the passing of sentence. State vs. Vion, 12 An. 688. Where the sentence pronounced is not that of death or imprisonment at hard labor, the convict is, on application, entitled to bail pending an appeal. State vs. Anselm, 43 An. 195, ex parte Longworth, 7 An. 248. (Contrast Art. 108, Const. 1845 with Art. 104 Const. 1852, since which time bail has not been allowed after conviction. See Art. 12 Const. 1898.) One convicted of petit larceny under Sec. 8, Art. 124 of 1874, and sentenced to five months imprisonment in the parish jail, and to work during that time on the public roads, etc., (Const. Art. 292) is entitled to bail pending an appeal. (Const. Art. 12, prohibiting bail pending appeal, applies only to sentences at hard labor, etc.) State ex rel. Collette, applying for Habeas Corpus, 106 La. 221; State vs. Williams, 110 La. [Decision of Supreme, to be Filed in Lower Court.] 1008. Upon the final decision of any criminal cause in the Supreme Court, it shall be the duty of the clerk to transmit a certified copy of the decree to the court from which the appeal was taken, which shall be filed and ordered to be executed in the manner provided by law for civil cases. [Appeals in Criminal Cases-Return-Preference.] 1009. Persons in confinement, under a judgment of conviction rendered in a criminal prosecution from which an appeal has been taken, shall have the right to make it returnable before |