Legal Opinion · Concurrence

State v. Richard

Supreme Court of Louisiana

Decided June 21, 1943No. 37092Published

1Concurrence

O’NIELL, C. J.,

concurs in the decree on the ground that, according to the testimony of the defendant himself, there was no issue of self defense, the case being in that respect like State v. Bryan, 138 La. 338, 70 So. 318, but the chief justice adheres to the opinion which he expressed in State v. Thornhill, 188 La. 762, 178 So. 343, and in State v. Carter, 197 La. 155, 1 So.2d 62, and in several previous cases, that the word “proof” in article 482 of the Code of Criminal Procedure is used as being synonymous with the word “evidence”.

2Cases cited3 opinions

  1. State v. ThornhillSupreme Court of Louisiana · 1937
  2. State v. CarterSupreme Court of Louisiana · 1941
  3. State v. BryanSupreme Court of Louisiana · 1915