Legal Opinion

State v. Lee

Supreme Court of Louisiana

Decided April 15, 1894No. 11,496PublishedCited by 14 opinions

APPEAL from the Ninth Judicial District Oourb, Parish of De Soto. Hall, J. When two persons are killed, whether by the same or different acts, the two killings constitute different crimes which can only be prosecuted separately. Wh. Or. PI. andPr., Sec. 468: Wh. Or. Ev., Sec. 587; 34 An. 1079. A judge can be lawfully recused only for one of the causes fixed by law.

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APPEAL from the Ninth Judicial District Oourb, Parish of De Soto. Hall, J. When two persons are killed, whether by the same or different acts, the two killings constitute different crimes which can only be prosecuted separately. Wh. Or. PI. andPr., Sec. 468: Wh. Or. Ev., Sec. 587; 34 An. 1079. A judge can be lawfully recused only for one of the causes fixed by law. C. P. 338; Act 40 of 1880, p. 38, and Act 35 of 1882, p 48 ; Const. 109 and 112. When a judge is recused, whether of his own volition or on motion of one of the parties or by consent, for a cause not authorized by law, all…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

Leonard Lee, having been jointly indicted with O. B. *626Adams, Douglas Carpenter and Bill Adams, for the murder of Patria Cordoway, was convicted of manslaughter and the other defendants were discharged. From this verdict and judgment of conviction Lee appeals, relying upon ain assignment of errors and three bills of exception, embracing the following objections, to-wit:(1) That the trial court erred in overruling his plea of autrefois acquit; (2) in refusing him a new trial of the aforesaid plea; (3) in disallowing him a severance of trial…

2Cited by14 opinions

  1. State v. McGrawSupreme Court of Louisiana · 1979
  2. State v. HauserSupreme Court of Louisiana · 1904
  3. State v. CookSupreme Court of Louisiana · 1949
  4. State v. RobersonSupreme Court of Louisiana · 1925
  5. State v. YokumSupreme Court of Louisiana · 1923

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