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State v. Ducote

The State of Louisiana v. Alzide Ducote

State v. Ducote, 43 La. Ann. 185 (1891)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
January 15, 1891
Docket
No. 10,743
Judges
Bermudez
Citations
43 La. Ann. 185
Headnotes
The granting of a severance lies within the sound discretion of the trial judge as a rule. A refusal to grant such severance will not he interfered with unless manifestly erroneous and injurious to the accused.
Summary
A PPEAL from the Twelfth District Court, Parish of Rapides. Blackman, J.

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

Opinion of the Court — Bermudez

Text extracted by OCR from a scanned original; check the original for exact wording.

'The opinion of the court was delivered by Bermudez, C. J.

Looel Jeansonne, one of the accused, was prosecuted for horse stealing, and convicted.

Prom a sentence to imprisonment at hard labor for twenty-four months he appeals.

.He complains that he was illegally refused a severance.

His motion stated as grounds:

1. That his defence was entirely antagonistic to that of his co-'defendants.

2. That he is informed that the District Attorney intends to establish a confession by both of his co-defendants which which will prove prejudicial to his defence.

The District Judge declined the severance, seeing no good reason itherefor, “ as the accused is a witness for himself, as are those *186 jointly indicted with him, and can obtain a fair trial; as the defences, are different and the confessions of the two can have no effect against him.”

The appellant has entered no appearance in this court, and has. submitted no oral or printed argument.

There is nothing in the record to show that the apprehension of-the accused was founded, and it does not appear that the District, Judge has misused the discretion vested in him by law in such matters.

The transcript does not contain a motion for a new trial in which any complaint was made of the ruling or of its consequences.

Judgment affirmed.

How later courts describe this case

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

1914: 11926: 11938: 11949: 11979: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. State v. McGraw366 So. 2d 1278 (La. 1979)
  2. State v. Cook39 So. 2d 898 (La. 1949)
  3. State v. Livsey182 So. 576 (La. 1938)
  4. State v. Hill107 So. 433 (La. 1926)
  5. State v. Phenix64 So. 129 (La. 1914)

Most recent

  1. State v. McGraw366 So. 2d 1278 (La. 1979)
  2. State v. Cook39 So. 2d 898 (La. 1949)
  3. State v. Livsey182 So. 576 (La. 1938)
  4. State v. Hill107 So. 433 (La. 1926)
  5. State v. Phenix64 So. 129 (La. 1914)

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 0

No citations to other opinions in this database were found.

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