State v. Russell
Supreme Court of Louisiana
APPEAL from the First District Court of New Orleans, McHenry, J, The indictment on which this prosecution jyas founded commences as follows : The State of Louisiana., (‘ First Judicial District, ss. “ Parish of Orleans, First District .Court of New Orleans : The grand-jurors pf the State of Louisiana, duly empannelled and sworn in and for the body of the parish of Orleans, upon their oath present, that one Edward Russell," &e.
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APPEAL from the First District Court of New Orleans, McHenry, J, The indictment on which this prosecution jyas founded commences as follows : The State of Louisiana., (‘ First Judicial District, ss. “ Parish of Orleans, First District .Court of New Orleans : The grand-jurors pf the State of Louisiana, duly empannelled and sworn in and for the body of the parish of Orleans, upon their oath present, that one Edward Russell," &e. It concludes : “ contrary to the form of the statute of the State of Louisiana jn such .case made aqd provided, and against the peace and dignity of thp £>an)e,”…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
The defendant, Edward Russell, was convicted of manslaughter upon an indictment charging him with murder, and he moved for an arrest of judgment on two grounds: 1st. That the indictment does not aver, with suffi.cient .certainty, that the deceased died ..of the mortal blows .charged to have been given by the accused. 2dly. That the indictment does not purport in its margin, or in the body, tob.e carried on “in the name and by the authority of the State of Louisiana,” and does-not conclude “against (the pe,ac,e and dignity of the same.” This…
2Cited by3 opinions
- Snyder v. YatesTennessee Supreme Court · 1903
- State v. CruseSupreme Court of Louisiana · 1922
- State v. BarryMontana Supreme Court · 1912