State v. Callahan
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn.
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APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn. R., Yol. 11, p. 201; Lynch vs. State, 9 Ind. 541; Stout vs. State, 96 Ind. 411; Com. vs. Porter, 10 Metcalf, 263; State vs. Henry Cason,…
1Opinion of the Court
*469The opinion of the court was delivered by
Watkins, J.
The defendant was convicted of the crime of having received a bribe within the meaning of the bribery statute of 1890, and prosecutes this appeal from a sentence to five years’ imprisonment at hard labor in the State penitentiary.
The charge of the indictment is that the defendant, being a member of the Oommon Council of the city of New Orleans, and, as such, a municipal officer thereof, on the 7th of November, 1898, feloniously did receive from one Lyman S. Widney the sum of five hundred ■dollars as a bribe, present or reward, for the…
2Cases cited16 opinions
- People v. DoyellCalifornia Supreme Court · 1874
- People v. StanleyCalifornia Supreme Court · 1873
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
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3Cited by4 opinions
- People v. CoffeyCalifornia Supreme Court · 1911
- State v. HopperSupreme Court of Louisiana · 1905
- State v. ArmstrongSupreme Court of Louisiana · 1907
- State v. HenrySupreme Court of Louisiana · 1929