Legal Opinion

State v. Heas

Supreme Court of Louisiana

Decided March 15, 1855PublishedCited by 4 opinions

from the District Court of the Parish of Lafourche, Gole, J. cited: Chitty, 1, 243, note W. 3, 750; edition of 1841, Vol. 2, p. 4; Vol. 3, p. 750; East’s P. O. 1, 345, §116; Archbold’s Criminal Pleading, 381, edition of 1840; Russell on Crimes, edition of 1831, 469 — original edition, 470 ; Hale’s P. C., 1, 449 and 466; 2, 184, edition of 1800.

1Opinion of the CourtSpofford, J.

Thomas P. Heas was indicted for the murder of Henry Boyd.

The Jury found the following verdict: “ Coupable avec préméditation sans application de la peine de mort.”

The prisoner moved for a new trial and in arrest of judgment, but both motions were overruled. Having, thereupon, been sentenced to hard labor in the penitentiary for life, he took this appeal.

The principal error relied upon to procure an arrest of judgment, consists in an omission, in the conclusion to the bill of indictment, of the formal clause “of his malice aforethought.” The conclusion is as follows: “ And so the grand jurors…

2Cases cited2 opinions

  1. State v. KennedyLouisiana Court of Errors and Appeals · 1845
  2. Weeks v. TraskSupreme Court of Louisiana · 1810

3Cited by4 opinions

  1. State v. PinsonatSupreme Court of Louisiana · 1937
  2. State v. StellySupreme Court of Louisiana · 1922
  3. State v. O'NielSupreme Court of Iowa · 1867
  4. State v. FontenotSupreme Court of Louisiana · 1926

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