Legal Opinion

State v. Nash

Supreme Court of Louisiana

Decided February 15, 1894No. 11,373PublishedCited by 10 opinions

APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. The two defendants, jointly indicted for murder, obtained a severance in their trials. It was in the power of the prosecuting attorney to determine in what order he would try them. Bish. on Cr. Pr., Sec. 1018. 2. It was not error in the trial judge to refuse to instruct the sheriff to summon tales jurors from a designated portion of the parish.

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APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. The two defendants, jointly indicted for murder, obtained a severance in their trials. It was in the power of the prosecuting attorney to determine in what order he would try them. Bish. on Cr. Pr., Sec. 1018. 2. It was not error in the trial judge to refuse to instruct the sheriff to summon tales jurors from a designated portion of the parish. Act No. 94 of Acts 1873; 14 An. 461; 23 An. 148; 26 An. 46; 32 An. 1003; 34 An. 1084; 35 An. 303. 3. The court may discharge an obnoxious or unfit juror, even after the jury has been…

1Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

The defendants were jointly indicted, tried and convicted of murder.

The sentence was annulled at the last term of court at Opelousas and the case remanded for a new trial. 45 An. 1137. A severance having been granted on the district attorney’s election the defendant Nash was placed on trial.

His counsel, who also represented the co-defendant, Barnett, moved that the case against him be tried, and stated that they were not ready to try Nash.

To the court’s refusal to interfere and to grant the application for postponement the defendant Nash…

2Cited by10 opinions

  1. State v. DreherSupreme Court of Louisiana · 1928
  2. State v. PeriouxSupreme Court of Louisiana · 1901
  3. State v. WillieSupreme Court of Louisiana · 1912
  4. State v. KlineSupreme Court of Louisiana · 1903
  5. State v. MorganSupreme Court of Louisiana · 1920

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