State of Louisiana v. William J. Graham

|! This prosecution presents a myriad of problems. Defendant, William J. Graham, was indicted with one count of aggravated incest After defendant rested his case at trial and it became apparent that the State had failed to carry its burden of proof on this charge, the District Court permitted the State to add as a responsive verdict a different offense — that of molestation of a juvenile — than the one which had been the focus of trial and which contains an element not necessarily required by the original charge. Although neither the State nor the defendant presented any evidence concerning…