Legal Opinion

State v. Clark

Supreme Court of Louisiana

Decided April 15, 1880No. 7843PublishedCited by 7 opinions

APPEAL from the Fifth Judicial District Court, parish of East Baton Rouge. McVea, J. It has been settled in 14 An. 570, and 30 An. 1134, that it is proper for the District Attorney to ask each juror, in a trial for murder, whether he has any conscientious scruples to inflicting the death penalty in case of murder.

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APPEAL from the Fifth Judicial District Court, parish of East Baton Rouge. McVea, J. It has been settled in 14 An. 570, and 30 An. 1134, that it is proper for the District Attorney to ask each juror, in a trial for murder, whether he has any conscientious scruples to inflicting the death penalty in case of murder. It is untenable to pretend, when the Counsel for the accused has read section 1000 of Revised Statutes to the jury, and has commented upon it, and the Court has charged that that section is the law, and the jury can qualify their verdict by acldmg “without capital punishment,” that…

1Opinion of the Court

The opinion of the Court was delivered by

Todd, J.

The defendant, Henry Clark, was indicted in the parish ■of East Baton Rouge for the murder of Henry Ralliat. He was tried, and the jury returned against him an unqualified verdict of guilty. He •applied for a new trial, which was refused, and from the sentence of death, imposed under the verdict, he has appealed.

He presents, by bills of exception and assignment of errors, these several grounds for the reversal of the sentence :

First — “That the District Attorney, in examining the jurors on their voir dire, questioned each juror as follows : 1…

2Cited by7 opinions

  1. Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
  2. Shular v. StateIndiana Supreme Court · 1886
  3. Harris v. PeopleIllinois Supreme Court · 1889
  4. State v. SuireSupreme Court of Louisiana · 1917
  5. Logan v. StateTennessee Supreme Court · 1914

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