State v. Bailey

97 So. 851, 154 La. 536, 1923 La. LEXIS 1975

Opinion

O’NIELL, C. J.

The district attorney concedes that the verdict and sentence in thi? case 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.