State v. Warren
Supreme Court of Louisiana
APPEAL from the Twenty-firstDistrict Court, Parish of Iberia. Mouton, J. Where, in a.capital case, the jury is proved to have separated after they have retired to deliberate — especially where the proof is that a part of . the jury remained for a time out of the court-house, out of sight and out of hearing of the remainder, bad conduct will be presumed, and a verdict of guilty will be set aside.
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APPEAL from the Twenty-firstDistrict Court, Parish of Iberia. Mouton, J. Where, in a.capital case, the jury is proved to have separated after they have retired to deliberate — especially where the proof is that a part of . the jury remained for a time out of the court-house, out of sight and out of hearing of the remainder, bad conduct will be presumed, and a verdict of guilty will be set aside. S Rob. 554; State vs. Hornsby, 21 An. 321; State vs. Evans, 23 An. 213; 41 An. 689; State vs. David No churn, Waterman’s Dig. p. 454, Nos. 151, 152, 153, 154, 155; Wharton’s Crim. Law, 789.
1Opinion of the Court
'The opinion of the court was delivered by
Bermudez, C. J.
The defendant was prosecuted for administering poison with intent to commit murder.
He was convicted and sentenced to hard labor for life.
During the trial he took several bills of exception. After verdict he made a motion for a new trial and a motion in arrest of judgment.
Relief having been denied him, he appeals.
It is unnecessary to pass on the bills and on the motion in arrest.
The motion for a new trial charges that, after the jury had retired to deliberate on their verdict, they were separated. The record shows that the sheriff…
2Cited by5 opinions
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