Legal Opinion

State v. Malone

Supreme Court of Louisiana

Decided May 26, 1913No. 19,889PublishedCited by 6 opinions

Appeal from Twenty-Sixth Judicial District Court, Parish of Tangipahoa; Hypolite Mixon, Judge ad' hoe. A. P. Malone was convicted of murder, and from an order discharging him without day the State appeals.

1Opinion of the CourtSommerville, J.

Defendant was charged with murder, alleged to have been committed in the parish of Tangipahoa. The district judge was recused, and a judge ad hoe sat in his place. Defendant excepted to the jurisdiction of the court on the ground:

“That the killing of Joe Littlejohn, alleged in the indictment, occurred in the parish of St. Helena, and beyond the jurisdiction of this court; that said cause can only be tried in the parish in which the alleged homicide occurred.”

And he asked that the indictment be dismissed.

The minutes of the court show that October 22, 1912, for the reasons orally assigned by…

2Cases cited1 opinion

  1. State v. BurtonSupreme Court of Louisiana · 1901

3Cited by6 opinions

  1. State v. MooreSupreme Court of Louisiana · 1916
  2. State v. MaloneSupreme Court of Louisiana · 1914
  3. State v. SchempSupreme Court of Louisiana · 1931
  4. State v. CoonSupreme Court of Louisiana · 1962
  5. State v. FarrobaSupreme Court of Louisiana · 1942

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