Legal Opinion

State v. Gutierrez

Supreme Court of Louisiana

Decided April 15, 1860PublishedCited by 7 opinions

APPEAL from the Recorder’s Court of the First District of the city of New Orleans.

1Opinion of the CourtVooriiies, J.

The defendant was tried, found guilty and sentenced, under the provisions of “ an Act for the prevention and punishment of selling liquor to slaves, in the parish of Orleans,” approved March 17, 1859. Session Acts, p. 168.

His defence is, that this statute is unconstitutional, because it denies tho accused the right to be tried by an impartial jury of the vicinage, and dispenses with the filing of an indictment or information, in violation of the 103d Article of the State Constitution, requiring that: “ Prosecutions shall be by indictment or information. The accused shall have a speedy public…

2Cited by7 opinions

  1. Natal v. LouisianaSupreme Court of the United States · 1891
  2. Conley v. City of ShreveportSupreme Court of Louisiana · 1949
  3. Bates v. EdwardsSupreme Court of Louisiana · 1974
  4. Russell v. McKeithenSupreme Court of Louisiana · 1970
  5. State Ex Rel. Porterie v. Board of Liquidation of State DebtSupreme Court of Louisiana · 1938

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