State v. Gilmore

26 La. Ann. 599
CourtSupreme Court of Louisiana
DecidedJune 15, 1874
DocketNo. 866
StatusPublished
Cited by1 cases

This text of 26 La. Ann. 599 (State v. Gilmore) 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.

Bluebook
State v. Gilmore, 26 La. Ann. 599 (La. 1874).

Opinion

Morgan, J.

The defendant was prosecuted under an information filed by the District Attorney, for libel. He was found guilty and sentenced to pay a fine of $305, or to be imprisoned for thirty days. He has appealed.

The prisoner requested the judge to reduce his charge to the jury to writing. This he refused to do. The request was made before the charge was delivered. To which a bill of exception was taken.

The judge refused to the accused a right guaranteed to him by the law. See. 2133 of the Revised Statutes provides that “in all cases appealable to the Supreme Court, it shall be the duty of the judge to deliver his charge to the jury in writing, if the counsel of either party require the same.”

It is therefore ordered, adjudged and decreed, that the judgment of the district court be avoided, annulled and reversed, and that the case be remanded to be proceeded in according to law.

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Related

State v. Rini
91 So. 664 (Supreme Court of Louisiana, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
26 La. Ann. 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gilmore-la-1874.