Legal Opinion

State v. Lewis

Supreme Court of Louisiana

Decided December 11, 1911No. 19,132PublishedCited by 9 opinions

Appeal from Second. Judicial District Court, Parish of Webster; John N. Sandlin, Judge. J. E. Lewis, alias D. W. Clarke, alias B. C. Clarke, was convicted of burglary, and appeals.

1Opinion of the CourtMonroe, J.

Defendant was prosecuted under a bill of information charging, in separate counts, burglary, with intent to steal, and larceny, committed at the same time and place; and, having been found “guilty as charged,” was sentenced to five years’ imprisonment at hard labor. I-Ie filed motions in arrest of judgment and for new trial, and in this court assigns as error that he was tried for larceny by a jury of 12, whereas that offense, not being, necessarily, punishable at hard labor, is required by the Constitution to be tried by a jury of 5.

[1] The article of the Constitution which is thus invoked,…

2Cases cited24 opinions

  1. State v. WrightSupreme Court of Louisiana · 1900
  2. State v. KinchenSupreme Court of Louisiana · 1910
  3. State v. WhiteSupreme Court of Louisiana · 1881
  4. State v. BrownSupreme Court of Louisiana · 1888
  5. State v. ClarkSupreme Court of Louisiana · 1894

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

3Cited by9 opinions

  1. Johnson v. LouisianaSupreme Court of the United States · 1972
  2. State v. BradfordSupreme Court of Louisiana · 1974
  3. State v. GuillotSupreme Court of Louisiana · 1942
  4. Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
  5. State v. DessellesSupreme Court of Louisiana · 1922

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

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