State v. Evans
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Jackson; George Wear, Judge. Harison Evans and Harison Wiley were indicted for larceny. Evans was convicted of embezzlement, and Wiley was found not guilty. Motion in arrest sustained, and the State appeals.
1Opinion of the CourtLand, J.
The defendants were charged with the crime of larceny of $50, and were tried before a jury of 5, which found Harison Evans guilty of embezzlement and Harison Wliley not guilty. A motion in arrest, filed by Harison Evans, was sustained, and the state has appealed.
The gist of the motion in arrest is that embezzlement, being a felony necessarily punishable at hard labor, is triable by a jury of 12, and not by a jury of 5, under article 116 of the Constitution of 1898.
The state contends that, where larceny is charged in a bill of information a verdict of guilty of embezzlement may be returned,…
2Cases cited1 opinion
- State v. DalcourtSupreme Court of Louisiana · 1904
3Cited by2 opinions
- State v. FosterSupreme Court of Louisiana · 1924
- State v. WallSupreme Court of Louisiana · 1910