State v. Touchet
Supreme Court of Louisiana
APPEAL from the Twenty-ñfth Judicial District Court, parish of Vermilion. Clegg, J. First — The right of trial by jury is one accorded by Art. 7 of the Constitution of 1879, and cannot be denied or abridged in any manner, except as therein provided. That said article does not contemplate the trial of an accused person in any other manner than by a jury.
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APPEAL from the Twenty-ñfth Judicial District Court, parish of Vermilion. Clegg, J. First — The right of trial by jury is one accorded by Art. 7 of the Constitution of 1879, and cannot be denied or abridged in any manner, except as therein provided. That said article does not contemplate the trial of an accused person in any other manner than by a jury. Second — That act number 35 of 1880 is unconstitutional in providing that an accused may waive trial by jury and be tried by the Court. Third — That the act of 1880, providing for the trial of offenses where the penalty is not necessarily…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Defendant, prosecuted for larceny, on his arraignment, elected to waive trial by jury, was tried by the district judge, and found guilty. On his motion, the judge granted him a new trial, and his ease went over to-the regular jury term, which opened on June 13th, 1881. On that day, the venire was returned in open court, and the petit jury *1155was discharged until the 16th. On the láth, the defendant filed his motion, stating that, on the first trial of his cause, he had elected to be tried without a jury, but that, on the new trial which had been…
2Cited by10 opinions
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- State v. JonesCourt of Appeals of Maryland · 1973
- State v. RankinSupreme Court of Connecticut · 1925
- State v. KavanaughSupreme Court of Louisiana · 1943
- Staley v. StateCourt of Criminal Appeals of Oklahoma · 1938
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