State v. Biagas

The opinion of the court was delivered by

Provosty, J.

The defendant was tried for murder, wás convicted of manslaughter and sentenced; and he appeals.

lie asks that the verdict and the sentence be set aside, on the ground that the verdict was found by only eleven jurors; whereas, the trial being for murder, the punishment of which may be capital, the concurrence of all twelve jurors was necessary under Article 116 of the Constitution. This article reads as follows:—

“ Cases in which the punishment may be at hard labor shall be tried by a jury of five, all of whom must concur to render a verdict;…