Legal Opinion

State v. Marceaux

Supreme Court of Louisiana

Decided June 25, 1898No. 12,865PublishedCited by 19 opinions

f\N APPEAL from the Seventeenth Judicial District Court for the ^ Parish of Vermilion. Be Baillon, J.

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, O. J.

Defendant, indicted for larceny, was convicted and sentenced to hard labor in the penitentiary for two years. He urgés, in reversal of the verdict and. judgment, that having been indicted prior to the going into operation of the Constitution of 1898 he was, over his protest, tried and convicted by a petit jury of five-

His counsel contends that Art. 116 of the Constitution of 1898 required legislative action fo put it into operation; that it was not self-operative.

This identical question has just been decided by us adversely to *1139appellants’…

2Cases cited4 opinions

  1. Yarbrough v. StateMississippi Supreme Court · 1893
  2. State v. BaldoserSupreme Court of Iowa · 1893
  3. Howard v. ColquhounTexas Supreme Court · 1866
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by19 opinions

  1. State v. FulliloveSupreme Court of Louisiana · 1980
  2. State v. DreherSupreme Court of Louisiana · 1928
  3. State v. BentleySupreme Court of Louisiana · 1951
  4. State v. GlausonSupreme Court of Louisiana · 1928
  5. State v. RichardsonSupreme Court of Louisiana · 1932

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