The opinion
BARHAM, Justice
(concurring).
I concur in the result reached under Bill of Exception No. 4, there being no showing of prejudice to the defendants under that bill. However, if the judge did in fact select the grand jury privately, then I do not believe this court should condone such action. The selection and empaneling of a grand jury not only are entitled to, but require, an open court proceeding. Under Code of Criminal Procedure Article 412, potential grand jurors in Orleans Parish are subpoenaed to appear “in court”. Comment (b) under Article 413 states that the only significant procedural difference between Orleans Parish and the other parishes in empaneling grand juries is that in Orleans jurors are selected from the grand jury venire by the judge and in other parishes are drawn by lot from the grand jury venire.
Unless otherwise statutorily directed, court proceedings anticipate open court proceedings. Summary and “in chambers” proceedings are exceptions rather than the rule. We do not look for statutory restrictions against proceedings in chambers but must look for statutory authority for them. There is no authority for proceedings in chambers in the selection of grand jurors, and we are required to demand that the-' usual court procedures be followed. ’ Grand' jurors should be selected and empaneled' in open court with all the proper officers in attendance and with the transaction fully spread upon the minutes of the open court proceeding.
I cannot join in this court’s sanctioning of “executive sessions” for the empaneling of the grand jurors of this staté. I respectfully concur.