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State v. Jefferson

State v. Jefferson, 51 So. 203 (La. 1910)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
January 17, 1910
Docket
No. 17,987
Judges
Provosty
Citations
51 So. 203125 La. 2961910 La. LEXIS 476
Disposition
Affirmed.
Syllabus
(Syllabus by Editorial Staff.) 1. Criminal Law (§ 931*) — Trial—Conduct on Jury — Separation — Time oe Raisins Objection. Objection to the separation of the jury in a prosecution for a capital offense, in which a life sentence was imposed, should have been raised before verdict in order to be a ground for reversal, unless accused or his counsel did not learn thereof until after verdict, and cannot be Erst raised on the motion for new trial. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 213C; Dec. Dig. § 931.*] 2. Criminal Law (§ 956*) — Appeal—Separation of Jury — Knowledge of Separation. The burden was on accused, in a prosecution for a capital offense, in which a life sentence was imposed, to show that he or his counsel did not know of the separation of the jury until after verdict, where objection on that ground was not made until then, in order to require a reversal for such separation. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2384-2390; Dec. Dig. § 956.*]
Summary
Appeal from Twelfth Judicial District Court, Parish of Vernon; Don E. So Relie, Judge. Jake Jefferson was convicted of rape, and he appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Provosty

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PROVOSTY, J.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11924: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Berry v. Bass102 So. 76 (La. 1924)
  2. State v. Mitchell53 So. 561 (La. 1910)

Most recent

  1. Berry v. Bass102 So. 76 (La. 1924)
  2. State v. Mitchell53 So. 561 (La. 1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Gianfala, 37 So. 30 (La. 1904) 14

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