State v. Johnese

304 So. 2d 331, 1974 La. LEXIS 4408
CourtSupreme Court of Louisiana
DecidedDecember 2, 1974
DocketNo. 55144
StatusPublished
Cited by2 cases

This text of 304 So. 2d 331 (State v. Johnese) 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. Johnese, 304 So. 2d 331, 1974 La. LEXIS 4408 (La. 1974).

Opinion

CALOGERO, Justice.

The defendants, Michael L. Johnese and Freddie G. Williams, were charged by Bill of Information with simple burglary. At the close of the State’s case, the trial court [332]*332granted the defendant’s motion for a directed verdict of acquittal. The State has appealed.

In State v. Baskin, 301 So.2d 313 (La.1974), number 54,773 on our docket, decided October 11, 1974, we held that the State could not appeal the action of a trial court granting a motion for a directed verdict of acquittal under the constitutional proscription against double jeopardy and Article 912(B) of the Code of Criminal Procedure.

The State’s appeal is therefore dismissed.

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Related

City of Baton Rouge v. Schmieder
582 So. 2d 1266 (Supreme Court of Louisiana, 1991)
State Ex Rel. Robinson v. Blackburn
367 So. 2d 360 (Supreme Court of Louisiana, 1979)

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Bluebook (online)
304 So. 2d 331, 1974 La. LEXIS 4408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnese-la-1974.