State v. Jefferson
This text of 51 So. 203 (State v. Jefferson) 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 defendant was convicted of rape, without capital punishment, and was sentenced to the penitentiary for life.
His complaint is that, although the prosecution was for a capital offense, the jury were allowed to separate. Separation of the jury must be availed of before verdict, unless knowledge of it came to the defendant or his counsel only after verdict. In the instant case the irregularity was urged 'for the first time after verdict by motion for a new trial; and defendant has not shown that the knowledge of it came to him or to his counsel only after verdict. The burden was on him to do so. State v. Gianfala, 113 La. 479, 37 South. 30.
Judgment affirmed.
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Cite This Page — Counsel Stack
51 So. 203, 125 La. 296, 1910 La. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jefferson-la-1910.