Legal Opinion

State v. McGarrity

Supreme Court of Louisiana

Decided December 11, 1916No. 22269PublishedCited by 14 opinions

Appeal from Third Judicial District Court, Parish of Bienville; John N. Sandlin, Judge. S. C. McGarrity was indicted for murder, and from judgment sustaining his motion to quash the indictment on the ground of former jeopardy and for irregularity in the composition of the grand jury, the State appeals.

1Opinion of the CourtLand, J.

On September 29, 1916, the defendant was indicted in the district court for *439Bienville parish for the murder of one J. S. I-Iowell.

Defendant moved to quash the indictment on the following grounds:

That on October 23,1915, the defendant, on the same state of facts, was indicted for the crime of manslaughter, in the same court; that on November 22, 1915, the said indictment was quashed and set aside, and on the same day, and on the same state of facts', the defendant was charged on information with the crime of manslaughter.

That on February 4, 1916, the defendant was tried and convicted of…

2Cases cited9 opinions

  1. People v. HunckelerCalifornia Supreme Court · 1874
  2. State v. HornsbyLouisiana Court of Errors and Appeals · 1845
  3. State v. RuffinSupreme Court of Louisiana · 1906
  4. State v. ThibodeauxSupreme Court of Louisiana · 1896
  5. State v. WilliamsSupreme Court of Louisiana · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. RossSupreme Court of Louisiana · 1947
  2. State Ex Rel. De Armas v. PlattSupreme Court of Louisiana · 1939
  3. State v. SmithSupreme Court of Louisiana · 1919
  4. State v. JacksonSupreme Court of Louisiana · 1976
  5. State v. WilliamsSupreme Court of Louisiana · 1974

9 more not listed; retrieve them via the Exa API.

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