State v. Duncan
Supreme Court of Louisiana
Appeal from Tenth Judicial District Court, Parish of Concordia; John Stirling Boatner, Judge. Ben Duncan was convicted of manslaughter. Motion in arrest of judgment, and the ■state appeals.
1Opinion of the CourtBreaux, C. J.
Ben Duncan, indicted •for murder, was tried by a jury and found •guilty of involuntary manslaughter.
In a motion in arrest of judgment, which was filed in due time after the verdict, the •defendant averred that he was tried on January 16, 1907, a legal holiday.
On that day the judges of the Circuit Court of Appeals were elected, in accordance with Act No. 137, p. 227, of 1906.
The defendant’s contention is that the election held was a general election, and that all court proceedings on that day were mull.
The motion in arrest of judgment was sustained by the judge of the district court.
The appeal…
2Cases cited10 opinions
- Crabtree v. WhiteselleTexas Supreme Court · 1885
- Malmgren v. PhinneySupreme Court of Minnesota · 1892
- Horn v. PerryWest Virginia Supreme Court · 1877
- State v. ArbunoSupreme Court of Louisiana · 1901
- Glenn v. EddySupreme Court of New Jersey · 1889
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3Cited by18 opinions
- Caldor, Inc. v. ThorntonSupreme Court of Connecticut · 1983
- State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
- State v. FossSupreme Court of Louisiana · 1925
- Bowser v. TobinIndiana Supreme Court · 1939
- State v. SearsSupreme Court of Louisiana · 1951
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