State v. Jones
Louisiana Court of Errors and Appeals
Appeal from the District Court of Rapides, King, J. in contending for the right of the State to appeal in this case, admitted that no appeal could be prosecuted by the State so as to affect a verdict of acquittal. The State has no right to an. appeal in a criminal case, none having been granted by the statute of 1843, creating the court. The act creating the court was unconstitutional.
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Appeal from the District Court of Rapides, King, J. in contending for the right of the State to appeal in this case, admitted that no appeal could be prosecuted by the State so as to affect a verdict of acquittal. The State has no right to an. appeal in a criminal case, none having been granted by the statute of 1843, creating the court. The act creating the court was unconstitutional. This court, having jurisdiction over the whole State, and in the last resort, cannot be considered an “ inferior court,” such as the Legislature has authority to create. The inferiority of a court must be…
1Opinion of the CourtNicholls, J.
The defendant, by his counsel, moves the court to dismiss this appeal, for this; “ That there is no provision in the law establishing the Court of Errors for an appeal by the State; and such a right, as affecting the personal security and the liberty, and even the life, of a citizen,' cannot be exercised unless it has been expressly or clearly granted.”
The question embraced in this motion is of vital importance, and on its decision is involved a principle upon which the criminal jurisprudence of the State will mainly rest. It has been urged upon the court, with great weight of argument, that…
2Cited by4 opinions
- State v. EllisSupreme Court of Louisiana · 1857
- State v. LabrySupreme Court of Louisiana · 1908
- State v. RossSupreme Court of Louisiana · 1859
- State v. GutierrezSupreme Court of Louisiana · 1860