State v. Gilkie
Supreme Court of Louisiana
APPEAL from tile Sixth District. Court, Parish of Morehouse: Brigham, J. 1 Two distinct felonies may be laid in different counts in the same indictment. Bishop on Crim.
Read the full summary
APPEAL from tile Sixth District. Court, Parish of Morehouse: Brigham, J. 1 Two distinct felonies may be laid in different counts in the same indictment. Bishop on Crim. Procedure, vol. 1, Secs. 450 and 451 and authorities there citod. 2. The court charges the jury properly when it recites the minor offenses embraced in the graver offense sot forth in the indictment, and inf-rms them that they may bring in a verdict of guilty as to anyone of said described offonses. 23 An. 326; 30 An. 313; 23 An. 434. •J. The court has a right to direct the jury to reconsider their verdict before it is…
1Opinion of the Court
*54The opinion of the Court was delivered by
Manning, J.
From a sentence of imprisonment at hard labor for two years the defendant appeals. The indictment contained two counts: 1, for inflicting wounds upon and cutting Elvira Gilkie with a dangerous weapon with intent to murder, not lyiug in wait, etc.; 2, for same acts committed upon Hadley Hess with intent to inflict wounds less than mayhem. Rev. Stats. See. 791.
There was a motion to quash for duplicity, iu that two distinct offences with different penalties are charged in the same indictment. The motion was properly overruled. Each offense was…
2Cited by6 opinions
- State v. GoodsonSupreme Court of Louisiana · 1906
- State v. JohnSupreme Court of Louisiana · 1911
- State v. LewisSupreme Court of Louisiana · 1911
- State v. MoelingSupreme Court of Louisiana · 1911
- State v. OwensSupreme Court of Louisiana · 1939
1 more not listed; retrieve them via the Exa API.