State v. Callahan
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn.
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APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn. R., Yol. 11, p. 201; Lynch vs. State, 9 Ind. 541; Stout vs. State, 96 Ind. 411; Com. vs. Porter, 10 Metcalf, 263; State vs. Henry Cason,…
1Dissent
*498Dissenting Opinion
REGARDING THE INTERRUPTION OF COUNSEL.
Breaux, J.
The trial court certifies that it had decided that Act ISTo. 78 of 1890 applied if the defendant was guilty of having received a bribe.
The court’s statement in the bill of exceptions is sustained by the record.
An indictment against the defendant for the offence charged had been quashed on the ground that the act of 1890 applied. In the case at bar a demurrer on the ground that the defendant was not bound to answer had been filed and overruled.
The court had in these proceedings laid down its interpretation of the act in question.
2Cases cited4 opinions
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- State v. WolcottSupreme Court of Connecticut · 1851
- Adams v. BurksU.S. Circuit Court for the District of Massachusetts · 1871
- State v. ManeySupreme Court of Connecticut · 1886