Legal Opinion

State v. Davis

Supreme Court of Louisiana

Decided April 7, 1989No. 88-K-3138PublishedCited by 4 opinions

1Opinion of the Court

541 So.2d 831 (1989)

STATE of Louisiana

v.

Eugene DAVIS, Jr.

No. 88-K-3138.

Supreme Court of Louisiana.

April 7, 1989.

Granted. The case is remanded to the Fourth Circuit Court of Appeal for reconsideration in light of the entire jury charge given by the trial court. If the trial court properly instructed the jurors that the state had the burden of proving every essential element of the offense beyond a reasonable doubt, In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); La.C.Cr.P. art. 804, the court of appeal should consider whether the facts necessarily found by the jury in its…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Rose v. ClarkSupreme Court of the United States · 1986
  4. State v. CaptvilleSupreme Court of Louisiana · 1984
  5. Pope v. IllinoisSupreme Court of the United States · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. FlowersLouisiana Court of Appeal · 1991
  2. State v. McLemoreLouisiana Court of Appeal · 1994
  3. State v. DavisLouisiana Court of Appeal · 1990
  4. State v. BacotLouisiana Court of Appeal · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API