Legal Opinion

State v. White

Supreme Court of Louisiana

Decided October 15, 1881No. 73PublishedCited by 11 opinions

APPEAL from the- Twenty-third Judicial District Court, parish of Iberville. Cole, J. Urst — It does not appear that the accused was present during the trial. Second — The court erred in refusing the accused a new trial. 32 An. 842. Third — The trial by the court without the intervention of a jury, was illegal and unconstitu tional. The Constitution requires a jury in all criminal cases and a prisoner cannot con sent to the adoption of any other mode. Const.

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APPEAL from the- Twenty-third Judicial District Court, parish of Iberville. Cole, J. Urst — It does not appear that the accused was present during the trial. Second — The court erred in refusing the accused a new trial. 32 An. 842. Third — The trial by the court without the intervention of a jury, was illegal and unconstitu tional. The Constitution requires a jury in all criminal cases and a prisoner cannot con sent to the adoption of any other mode. Const. Art. 7 ; Magna Charta, cap. 29; 12 An 19; 15 An. 192; 9 An. 62; Blackstone’s Commentaries, IY, 280, 323, 341; 8 It. 586; "Wis consin case…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

The defendant appeals from a conviction on a charge of *1219stabbing with intent to kill and murder, and a sentence of ten years in the State Penitentiary, and urges the following assignment of errors:

1st. That the trial by the court was illegal, and not warranted by law and the Constitution of the State. That the Constitution provides only for the trial of all criminal cases by a jury and the judge, and any other mode is by consent, which is not allowed.

2d. That it does not appear that the accused was present at the beginning and during the trial…

2Cited by11 opinions

  1. State v. WhiteSupreme Court of Louisiana · 1924
  2. State v. AlmySupreme Court of New Hampshire · 1892
  3. Brewster v. PeopleIllinois Supreme Court · 1899
  4. State v. MartinSupreme Court of Louisiana · 1939
  5. State v. HendersonSupreme Court of Iowa · 1980

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