State v. Roquemore

292 So. 2d 204
CourtSupreme Court of Louisiana
DecidedMarch 25, 1974
Docket54077
StatusPublished
Cited by18 cases

This text of 292 So. 2d 204 (State v. Roquemore) 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. Roquemore, 292 So. 2d 204 (La. 1974).

Opinion

292 So.2d 204 (1974)

STATE of Louisiana
v.
Lee Edward ROQUEMORE.

No. 54077.

Supreme Court of Louisiana.

March 25, 1974.

*205 James Sharp, Jr., Monroe, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., John R. Harrison, Asst. Dist. Atty., for plaintiff-appellee.

MARCUS, Justice.

Lee Edward Roquemore was charged by bill of information with armed robbery. R.S. 14:64. He was convicted after trial by jury and sentenced to serve fifteen years at hard labor. Defendant appeals his conviction and sentence, relying on five perfected bills of exceptions for reversal thereof.

Bill of Exceptions No. 1 was reserved when the trial judge sustained the State's objection to certain questions propounded by defense counsel on voir dire examination. After affirming that he had served on a jury in a criminal case on the previous day, the prospective juror was asked the following questions: "Now what was the charge in your case?" and "Was the defendant in your case found guilty or not guilty?"

It is argued by defendant that the purpose of the aforesaid inquiry was to determine the juror's mental and physicial capacity to serve as a juror in this case and further to ascertain if he had a fixed mind with respect to criminal cases. Defendant contends that he was entitled to examine this juror in this connection so that he could properly exercise a peremptory challenge. He relies upon State v. Hills, 241 La. 345, 129 So.2d 12 (1961). Defendant admits in brief that the prospective juror to whom the above questions were directed was excused and, at this point, no damage was done. However, counsel argues that he refrained from similar questions to other prospective jurors in view of the ruling of the trial judge. It is claimed that this resulted in prejudice to the defendant.

Article 786 of the Code of Criminal Procedure provides:

"The court, the state, and the defendant shall have the right to examine prospective jurors. The scope of the examination shall be within the discretion of the court. A prospective juror, before being examined, shall be sworn to answer truthfully questions asked him relative to his qualifications to serve as a juror in the case."

The purpose of voir dire examination is to determine the qualifications of the prospective juror to serve in the case.

*206 Article 786 C.Cr.P. In order to accomplish this purpose, the scope of inquiry should be broad enough to permit parties to question jurors not only for the purpose of showing grounds for a challenge for cause, but also, within reasonable limits, to elicit such facts as will enable them to intelligently and wisely exercise their right of peremptory challenge.

This Court, in two previous decisions, squarely passed upon the particular issue presented in this bill and held this type of examination to be irrelevant as to the ascertainment of the juror's qualifications to serve in the case. State v. Martin, 250 La. 705, 198 So.2d 897 (1967); State v. Spencer, 257 La. 672, 243 So.2d 793 (1971).

In State v. Martin, we ruled that, under Article 357 of the former Code of Criminal Procedure (R.S. 15:357), the purpose of examination of the jurors is to ascertain the qualification of the juror in the trial of that particular case and examination should be limited to this purpose. The question propounded to the prospective juror in Martin concerned the verdict returned by the jury in the last criminal case in which the said juror had served. The trial court had sustained the objection of the State to this question. In finding no substance to the bill, we stated:

"Obviously, the question propounded by defense counsel, as to a verdict rendered in another criminal proceeding on which the prospective juror had served, was irrelevant to the ascertainment of the juror's qualifications to serve in the case at bar. See State v. Swain, 180 La. 20, 156 So. 162; State v. Odom, 247 La. 62, 169 So.2d 909 and authorities there cited, and State v. Oliver, 247 La. 729, 174 So. 2d 509."

Again, in State v. Spencer, we affirmed the ruling of the trial judge in his refusal to permit defense counsel to question a prospective juror on voir dire examination regarding the verdict reached in a prior trial in which he had served as a juror. This Court therein stated:

"The judge correctly ruled that this was not proper voir dire examination. C.Cr. P. Art. 786; State v. Martin, 250 La. 705, 198 So.2d 897. In any event, the accused has no ground for complaint under either bill since he did not exhaust his peremptory challenges. C.Cr.P. Arts. 800, 799."

Defense counsel concedes that the holdings in these cases are directly in point, but argues that this Court should consider the correctness of the ruling of the trial judge in connection with this Court's pronouncement in State v. Hills, supra.

Hills involved the alleged rape of a white woman by a black man. The questions asked by defense counsel to six prospective jurors on voir dire examination were: "Are any of you in sympathy with any integration or segregation organizations?" and "Do any of you gentlemen belong to any religious or segregation groups?" On rehearing, this Court held that curtailment of such interrogation on voir dire examination was improper. We agree with this holding. The Court properly held that, while inquiry as to membership in a group or organization advocating segregation of the races does not necessarily disqualify one for service as a juror, it might well be regarded as a basis upon which defendant might wish to exercise a peremptory challenge. However, the Hills case is clearly distinguishable from the instant case. The questions asked herein by defense counsel as to the charge and verdict rendered in another criminal case on which the prospective juror had served were irrelevant to the determination of the juror's qualification to serve on the case at bar. Accordingly, we conclude that the trial judge correctly sustained the objection of the State.

This bill has no merit.

Bill of Exceptions No. 2 was reserved to the ruling of the trial judge allowing the introduction of evidence pertaining to the armed robbery of Hadley Street Esso Service Station in this prosecution for the *207 armed robbery of the Stop and Go Grocery. Approximately one month prior to trial, the State notified defendant by letter that it intended to offer evidence of his service station robbery, for which defendant was also charged in another bill of information, as part of a common system under the statutory exceptions set forth in R.S. 15:445 and 446. The notification was given in compliance with the guidelines set out by this Court in State v. Prieur, 277 So.2d 126 (La.1973).

Finding that the armed robberies were practically duplicates of each other, the trial judge permitted introduction of the evidence pertaining to the service station robbery as part of a common system.

The crime charged in the instant case occurred at approximately 1:50 a. m. on October 11, 1972. Defendant, Lee Edward Roquemore, and Sam Underwood entered the Stop and Go Grocery located at the corner of Burg Jones Lane and Standifer Street in Monroe, Louisiana. Roquemore was armed with a large knife, known as a "bowie" knife, and Underwood was armed with a shotgun.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Allen
682 So. 2d 713 (Supreme Court of Louisiana, 1996)
State v. Victorian
495 So. 2d 362 (Louisiana Court of Appeal, 1986)
State v. Welch
368 So. 2d 965 (Supreme Court of Louisiana, 1979)
State v. Nettleton
367 So. 2d 755 (Supreme Court of Louisiana, 1979)
State v. Swift
363 So. 2d 499 (Supreme Court of Louisiana, 1978)
State v. Mitchell
362 So. 2d 501 (Supreme Court of Louisiana, 1978)
State v. Bryant
351 So. 2d 1188 (Supreme Court of Louisiana, 1977)
State v. Tennant
352 So. 2d 629 (Supreme Court of Louisiana, 1977)
State v. Trosclair
350 So. 2d 1164 (Supreme Court of Louisiana, 1977)
State v. Holmes
347 So. 2d 221 (Supreme Court of Louisiana, 1977)
State v. George
346 So. 2d 694 (Supreme Court of Louisiana, 1977)
State v. Kinchen
342 So. 2d 174 (Supreme Court of Louisiana, 1977)
State v. Bolen
338 So. 2d 97 (Supreme Court of Louisiana, 1976)
State v. Sneed
316 So. 2d 372 (Supreme Court of Louisiana, 1975)
State v. Johnson
306 So. 2d 724 (Supreme Court of Louisiana, 1975)
State v. Lisenby
306 So. 2d 692 (Supreme Court of Louisiana, 1975)
State v. Bradford
298 So. 2d 781 (Supreme Court of Louisiana, 1974)
State v. Lawrence
294 So. 2d 476 (Supreme Court of Louisiana, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
292 So. 2d 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roquemore-la-1974.