Legal Opinion

State v. Smith

Supreme Court of Louisiana

Decided December 15, 1881No. 8321PublishedCited by 7 opinions

4 PPEAL from the Twenty-second Judicial District Court, parish of o_ St. James. Cheevers, J. There is no law requiring verdicts to be in writing. 32 A. 854 ; 8 R. 513, 518; 31 A. 96. PTo foreman need be appointed and verdict may be delivered orally. 31 A. 96. Bad orthography will not vitiate or void a verdict. 32 A. 854, 782 ; 31 A. 91. It is not sacramental that prisoner should be asked if he has any thing to say why sentence should not be pronounced, etc. 32 A. 855; 28 Ga.…

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1Opinion of the Court

*1415The opinion of the Court was delivered by

Bermudez, C. J.

The accused was indicted for the crime of murder. The jury returned a verdict of manslaughter. The judge inflicted a sentence of six months, at hard labor, in the State Penitentiary.

Appealing, the defendant claims the verdict and sentence should be set aside; because of informalities in the drawing of the jury; because the grand jury, who found a true bill, was incompetent; because the verdict is null and void ; because, before passing sentence, the judge did not ask the prisoner if he had any thing to say why sentence should not be…

2Cases cited3 opinions

Sarah v. StateSupreme Court of Georgia · 1859
State v. BallSupreme Court of Missouri · 1858
Young v. YoungSupreme Judicial Court of Maine · 1894

3Cited by7 opinions

State v. AsparaSupreme Court of Louisiana · 1904
State v. McLeanSupreme Court of Louisiana · 1947
State v. BlueSupreme Court of Louisiana · 1914
State v. GueringerSupreme Court of Louisiana · 1945
State v. HightowerSupreme Court of Louisiana · 1914

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