Legal Opinion · Dissent

State ex rel. Melerine v. Trist

Supreme Court of Louisiana

Decided December 14, 1959No. 44929Published

1DissentHamlin, Justice

I am compelled to disagree with the majority opinion.

The presumption of innocence, whichi under the law always attaches to a defendant, no longer attaches to- relator, for the-reason that he has been found guilty and has been refused clemency by the Board' of Pardons, the conscience of the State. He has lost the benefit of the presumption, of innocence.

It is my view that the confusion existing and the doubt as to the regularity of the reprieves now operates in favor of the-State. • The matter is before this Court because of carelessness and lack of diligence-on the part of the Executive…

2Cases cited2 opinions

  1. State v. RiderSupreme Court of Louisiana · 1942
  2. State ex rel. Daniel v. RoseSupreme Court of Louisiana · 1877

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