State v. Clark
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court, Parish of Iberia. Voorhies, J. There was nothing in the ease at bar, under the statement of facts as given, upon which the court could have been called upon to charge upon the law of manslaughter, to make his failure to do so ground of reversible error. There was no evidence in. the case tending to reduce the crime below the grade of murder.
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APPEAL from the Nineteenth Judicial District Court, Parish of Iberia. Voorhies, J. There was nothing in the ease at bar, under the statement of facts as given, upon which the court could have been called upon to charge upon the law of manslaughter, to make his failure to do so ground of reversible error. There was no evidence in. the case tending to reduce the crime below the grade of murder. State vs. Jackson, 45 An. 975. The refusal of the judge, in a trial for murder, to charge the jury that they may find a verdict of manslaughter, in accordance with See. 785, Revised Statutes of 1870, is…
1Opinion of the Court
*705The opinion of the court was delivered by
McEnery, J.
The defendant was indicted for murder, tried, and a qualified verdict of guilty without capital punishment returned by the jury. He appealed.
Counsel for the accused requested the court to instruct the jury in a special charge that one of the verdicts they could return was ■“ Guilty of manslaughter.” This charge was refused by the judge, •on the grounds that the evidence in the case was entirely circumstantial; that the line of defence adopted by the defendant was not in mitigation of the offence for any of the causes known to the law, which…
2Cited by10 opinions
- State v. CooleySupreme Court of Louisiana · 1972
- State v. BirbigliaSupreme Court of Louisiana · 1920
- State v. VialSupreme Court of Louisiana · 1923
- State v. CookSupreme Court of Louisiana · 1906
- State v. HicksSupreme Court of Louisiana · 1905
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