State v. Foster

The defendant was indicted in the parish of St. Bernard, for the murder of Clement Nicaise, alleged to have been committed on the 5th November, 1850. He was found guilty of manslaughter, and, on appeal to this Court the judgment was arrested, “ without prejudice to a legal prosecution for the crime of manslaughter.” See the decision of this Court, delivered at the April term of 1852, not yet reported.

In pursuance of this decree an indictment for manslaughter was laid before the Grand Jury in St. Bernard, who found a true bill at the June term of 1852. A second conviction having ensued, the…