State v. Anderson

332 So. 2d 452
CourtSupreme Court of Louisiana
DecidedMay 17, 1976
Docket57352
StatusPublished
Cited by13 cases

This text of 332 So. 2d 452 (State v. Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Anderson, 332 So. 2d 452 (La. 1976).

Opinion

332 So.2d 452 (1976)

STATE of Louisiana
v.
Clifton ANDERSON, Sr.

No. 57352.

Supreme Court of Louisiana.

May 17, 1976.

*454 W. Glenn Soileau, Ville Platte, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. William Pucheu, Dist. Atty., A. Bruce Rozas, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Chief Justice.

Defendant, Clifton Anderson, Sr., was charged with attempted murder of two persons in separate indictments. After trial by jury, defendant was found guilty of attempted murder of Clifton Williams, Jr., and guilty of attempted manslaughter of Versie Soileau. The trial judge sentenced defendant to twelve years imprisonment for attempted murder and six years imprisonment for attempted manslaughter, the sentences to run consecutively.

On appeal, defendant relies upon five assignments of error for reversal of his conviction and sentence.

The background facts are that defendant's son became involved in an altercation with Clifton Williams, Jr., in a combination grocery store and pool hall in Evangeline Parish. On learning of the controversy, the defendant came to the store armed with a pistol. He fired several shots at Williams, missed him, but wounded Versie Soileau, the daughter of the store owner.

ASSIGNMENT OF ERROR NO. 1

Defendant alleges that the court erred in excluding Negroes from the petit jury and Grand Jury because they could not read and write the English language.

During the course of voir dire examination of prospective jurors, the State challenged for cause certain persons who testified that they could not read or write. The Court sustained the challenges, and defendant objected.

In brief, defense counsel argues that in a rural parish, such as that in which this case was tried, excluding persons who cannot read and write serves along with the use of peremptory challenges as a systematic exclusion of black persons from juries, constituting invidious discrimination and a denial of equal protection under the law.

Defendant's allegations are without merit. Article 797 of the Louisiana Code of Criminal Procedure provides that either the State or the defendant may challenge a juror for cause on the ground that the juror lacks a qualification required by law. One qualification is that a juror be able to read, write, and speak the English language. LSA-C.Cr.P. Art. 401(3).

In challenging the jury selection process on the basis of invidious discrimination against a class of persons, the burden is on the defendant to make out a prima facie case of a systematic exclusion. Alexander v. Louisiana, 405 U.S. 625, 92 *455 S.Ct. 1221, 31 L.Ed.2d 536 (1972); Whitus v. Georgia, 385 U.S. 545, 87 S.Ct. 643, 17 L.Ed.2d 599 (1967).

Here, defendant has failed to show any systematic exclusion of black persons or any disproportionately low representation of blacks on juries or jury venires in Evangeline Parish. He, therefore, has failed to make a prima facie showing. State v. Butler, La., 302 So.2d 585 (1974); State v. Leichman, La., 286 So.2d 649 (1973). In the absence of a prima facie showing of an historical, systematic pattern of exclusion of black jurors, the motive for the exercise of the peremptory challenge is not subject to our review. State v. Reed, La., 324 So.2d 373 (1975).

Furthermore, eight prospective jurors were excused because they could not read or write and because they could not understand the English language. Of those eight, the record discloses the races of only five; two of the five prospective jurors were white and three were black. Thus, the record refutes the contention that the literacy qualification operated against blacks only.

Assignment of Error No. 1 is without merit.

ASSIGNMENTS OF ERROR NOS. 2 AND 3

In these assignments of error, defendant alleges that the court committed reversible error in refusing to allow defendant to summon the foreman of the Grand Jury to verify his signature on the indictment and that reversible error was committed when the official court record failed to show that the indictment was returned or even filed in the official court record of his case.

When the indictment was to be read, the clerk noticed that the indictment forms were not in the jacket in which he had the material pertaining to the case. Out of the presence of the jury, the court discovered that the indictments had been removed from the jackets by the district attorney for study and had inadvertently not been returned by him. The judge stated that the procedure in that court was that the district attorney, judge, or defense counsel could remove items from the folder. The trial judge stated that there was no question of authenticity, just that they had been temporarily misplaced. Thus, the court denied defendant compulsory process to obtain the foreman of the Grand Jury to identify his signature. On a factual basis, we can find no merit to defendant's argument.

In Assignment of Error No. 3, defendant contends that reversible error was committed when the official court records failed to show that the indictment was returned or even filed in the official court record. Initially we note that we are unable to locate defendant's objection in the record. Additionally, the minutes of the court filed in the record before us show that an indictment for attempted murder was filed on November 30, 1972.

In brief, defense counsel notes that on the face of one of the bills of indictment is marked: "Filed November 30, 1973." The outside of the indictment, however, shows the date of November 30, 1972. The latter date is obviously correct, since the trial was conducted in February, 1973.

Defendant has raised the discrepancy for the first time on this appeal. This Court has consistently held that the alleged deficiencies in the Bill of Information or Indictment cannot be raised for the first time after conviction where in fact the defendant has been fairly informed of the charge against him, where the indictment does in fact charge a crime, when the defendant may be protected against further prosecution by the double jeopardy provision, and when he has not been prejudiced by surprise or lack of notice. State v. James, La., 305 So.2d 514 (1974). In the *456 present case, the 1973 date was obviously a clerical error.

Assignments of Error Nos. 2 and 3 are without merit.

ASSIGNMENT OF ERROR NO. 4

When it came time to read defendant's plea on the arraignment, it was noted that the official books, in which the court's minutes are kept did not contain the minutes of the arraignment or pleas of the defendant to the charges on December 5, 1972. The court removed the jury and allowed evidence to supplement the minutes. The deputy clerk of court explained that his normal method of taking the minutes is in handwriting on a shorthand book. On December 5, when he came to the last page he had a few entries left and he turned the page and wrote on the back the minutes of defendant's arraignment. When typing the minutes into the minute book, the clerk overlooked the entries on the back sheet. Also, the criminal court reporter, Eva C. Soileau, testified that she remembered very well her independent recollection that Clifton Anderson was arraigned on December 5 and pleaded not guilty. Upon hearing this evidence, the court ordered that the minutes be amended to reflect that Anderson was arraigned on

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Bluebook (online)
332 So. 2d 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-la-1976.