Opinion

State v. Brown

  • 214 La. 18
  • 36 So. 2d 624
  • 1948 La. LEXIS 931
Court
Supreme Court of Louisiana
Filed
Jun 15, 1948
Status
Published
On the bench
Fournet, O'Niell, Hamiter
Cited by
19 cases

The opinion

On Application for Rehearing.

PER CURIAM.

In the application for rehearing the state contends that our opinion, in effect, holds that the legislature cannot specifically exclude certain verdicts as responsive to the crime charged, which verdicts would be responsive under the general rule that a

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verdict of guilty of a lesser crime is responsive to a charge of a greater crime if such lesser crime is necessarily included in the greater, arguing that such a result is erroneous for it is within the province of the legislature to determine what verdicts shall be responsive to the crime charged.

We did not.intend to hold as contended by the state and our opinion does not, in fact, so hold. In any event, any language therein from which such an inference might be eked out would be obiter.

The application for a rehearing is refused.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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