State v. Bailey
This text of 97 So. 851 (State v. Bailey) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The district attorney concedes that the verdict and sentence in thi? [537]*537case are null because the defendant, appellant, was tried by a jury composed of 12 members for a crime for which he should have been tried by a jury of only 5 members. Const, art. 7, § 41; State v. Thompson, 104 La. 167, 28 South. 882; State v. Beebe, 127 La. 493, 53 South. 730; State v. Reeves, 128 La. 37, 54 South. 415; State v. Desselles, 150 La. 494, 90 South. 773; State v. Stephens, 150 La. 944, 91 South. 349, 23 A. L. R. 286; State v. Hataway, 153 La. 751, 96 South. 556.
The verdict and sentence are annulled, and it is ordered that the case be remanded to the criminal district court for a new trial.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
97 So. 851, 154 La. 536, 1923 La. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bailey-la-1923.