State v. Davis

Section 9 of article I of the Bill of Rights of the present Constitution ordains that—

“In all criminal prosecutions the accused shall have the right to a speedy public trial by an impartial jury.”

Section 41 of article 7 of the Constitution of 1921 provides that—

“All eases in which the punishment may not be at hard labor shall, until otherwise provided by law, be tried by the judge without a jury.”

In the trial of misdemeanors and minor offenses, a district judge, therefore, acts in a dual capacity, as he is both judge and jury in such cases.

Section 9 of article 19 of our' Constitution declares…