Legal Opinion

State v. West

Supreme Court of Louisiana

Decided January 15, 1892No. 11,105PublishedCited by 15 opinions

APPEAL from the Eighteenth District Oourt, Parish of Lafourche. Caillouet, J. 1. This court will not interfere when there is nothing in the record showing that the judge of the District Court acted contrary to the law in fixing terms of court. 2. Evidence of what happened at the arrest and killing of A is not admissible on the trial of B when no connection is shown by defence between these two-events. 3. The refusal by the court to give special charges to the jury is not…

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APPEAL from the Eighteenth District Oourt, Parish of Lafourche. Caillouet, J. 1. This court will not interfere when there is nothing in the record showing that the judge of the District Court acted contrary to the law in fixing terms of court. 2. Evidence of what happened at the arrest and killing of A is not admissible on the trial of B when no connection is shown by defence between these two-events. 3. The refusal by the court to give special charges to the jury is not ground for the reversal when the charge requested is substantially the same as the instructions already given, although…

1Opinion of the Court

The opinion of the court was delivered by

Nici-iolls, O. J.

The defendant was indicted for murder at the September term of 1892 of the Eighteenth Judicial District Court for the parish of Lafourche, and having been convicted of manslaughter he has appealed.

His first contention is, that the whole trial was illegal for the reason that the term of court at which he was tried and convicted was held at the wrong time if there was any law authorizing it to hold a term.

On this point he says that court was convened on the 5th of September, 1892; that by Art. 108 of the Constitution the District *17Court…

2Cases cited2 opinions

  1. Smith v. United States Express Co.Illinois Supreme Court · 1890
  2. Simmons v. StateSupreme Court of Georgia · 1888

3Cited by15 opinions

  1. State v. GillespieSupreme Court of Missouri · 1960
  2. Stone v. StateCourt of Criminal Appeals of Texas · 1924
  3. State v. HoganSupreme Court of Louisiana · 1906
  4. State v. JenkinsSupreme Court of Louisiana · 1913
  5. Newton v. StateCourt of Criminal Appeals of Oklahoma · 1937

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