Legal Opinion
State v. Clark
Supreme Court of Louisiana
Decided March 26, 1962No. 45888PublishedCited by 12 opinions
1Opinion of the Court
HAWTHORNE, Justice.
Earl Clark was charged in a bill of indictment with the crime of aggravated rape denounced by R.S. 14:42. The accused is a Negro, the prosecutrix a white woman. Clark was tried, convicted, and sentenced to death. He has appealed.
Counsel for the accused timely filed a motion to quash the indictment on the ground that it “fails to recite and state that the said defendant did ‘willfully, intentionally and feloniously’ commit the crime therein set out”.
The indictment in the instant case was drawn in the language specifically permitted and authorized by Article 235 of the Code…
2Cases cited27 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Michel v. LouisianaSupreme Court of the United States · 1956
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Affronti v. United StatesSupreme Court of the United States · 1955
- Hernandez v. TexasSupreme Court of the United States · 1954
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. BarksdaleSupreme Court of Louisiana · 1964
- State v. AndersonSupreme Court of Louisiana · 1969
- State v. MacKSupreme Court of Louisiana · 1962
- Gold Ex Rel. Gold v. HeathSupreme Court of Missouri · 1965
- State v. LewisSupreme Court of Louisiana · 1970
7 more not listed; retrieve them via the Exa API.