Legal Opinion

State v. Eubanks

Supreme Court of Louisiana

Decided January 29, 1934No. 32672PublishedCited by 12 opinions

1Opinion of the Court

LAND, Justice.

Defendant was found guilty of the crime of shooting with intent to kill and was sentenced to the State Penitentiary for a term of not less than 16 months nor more than 24 months.

An appeal was granted to this court, but it does not appear from the record that defendant applied for a new trial in the lower court before the appeal was taken.

It is provided in article 559 of the Code of Criminal Procedure that: “No new trial can be granted on appeal unless a motion for same has been made and refused in the lower court. * * * ”

In State v. Stinson, 174 La. 510, 141 So. 44, this court…

2Cases cited6 opinions

  1. State v. McCrocklinSupreme Court of Louisiana · 1912
  2. State v. DreifusSupreme Court of Louisiana · 1886
  3. State v. StinsonSupreme Court of Louisiana · 1932
  4. State v. TaylorSupreme Court of Louisiana · 1885
  5. State v. HarrisSupreme Court of Louisiana · 1901

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

3Cited by12 opinions

  1. State v. SanfordSupreme Court of Louisiana · 1965
  2. State v. ButlerSupreme Court of Louisiana · 1976
  3. State v. WhiteSupreme Court of Louisiana · 1939
  4. State, in Interest of AaronLouisiana Court of Appeal · 1972
  5. State v. RichardSupreme Court of Louisiana · 1943

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

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