State v. Hunter
Supreme Court of Louisiana
APPEAL from the Twenty-sixth. District Court for the Parish of St. John the Baptist. Rostí «L Failure to arraign an accused in a capital case is a fatal defect. Where the record shows that in a capital case the accused has not personally plead to the indictment before the trial on merits, the verdict and judgment will be set aside and the case remanded to be proceeded with according to law.
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APPEAL from the Twenty-sixth. District Court for the Parish of St. John the Baptist. Rostí «L Failure to arraign an accused in a capital case is a fatal defect. Where the record shows that in a capital case the accused has not personally plead to the indictment before the trial on merits, the verdict and judgment will be set aside and the case remanded to be proceeded with according to law. When the charge of the court is insufficient, and could mislead the jury, the verdict and judgment shall be arrested. The offences defined under Sections 790 and 791 of theRevised Statutes belong to the…
1Opinion of the Court
The opinion of the court was delivered by
McÉnery, J.
The defendant, John Frank, was indicted as acees-' sory with Thomas Hunter as principal, under Section 790, B. S., with shooting with intent to murder while lying in wait.
Both defendants, in separate trial, were found guilty without capital punishment, and sentenced for life to hard labor. The deféndant Frank appealed from the verdict and sentence against him.
The accused was arraigned and pleaded not guilty. Afterward, on the motion of his counsel, the court ordered the plea of not guilty to be withdrawn.
The’record does not show that the…
2Cited by11 opinions
- State v. WaltonOregon Supreme Court · 1907
- People v. MonaghanCalifornia Supreme Court · 1894
- State v. BroussardSupreme Court of Louisiana · 1942
- State v. BrackinSupreme Court of Louisiana · 1905
- Browning v. StateNebraska Supreme Court · 1898
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