State v. Davis

LEWIS S. DOHERTY, III, Judge Pro Tem.*

Defendant (Nelson Roy Davis) was charged by bill of information with theft of property valued at $100.00 or more, but less than $500.00, in violation of La.R.S. 14:67. Defendant pled not guilty, was tried by a jury and found guilty as charged. Thereafter, defendant was sentenced to *133serve two years at hard labor. Defendant appealed, urging the following assignments of error:

1. The court committed reversible error in accepting a verdict of “guilty” from the jury after having been advised by the jury that the state had failed to prove an essential element of…