# State v. Thomas

> Supreme Court of Louisiana · December 28, 1897 · 50 La. Ann. 148

URL: https://www.frixlaw.com/law-library/cases/7197457

## Case

- **Full name:** The State of Louisiana v. Nelson Thomas
- **Court:** Supreme Court of Louisiana
- **Decided:** December 28, 1897
- **Citations:** 50 La. Ann. 148; 23 So. 250; 1897 La. LEXIS 351
- **Precedential status:** Published
- **Opinion:** On rehearing by Breaux
- **Judges:** Breaux, Miller, Takes
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7197457

## Opinion text

On Application eor a Rehearing.
Breaux, J.
On reconsideration of the grounds upon which this-case was remanded we have concluded to adhere to them, and not to grant a rehearing.
The rule which has heretofore been laid down by the decisions of this court applies to cases in which the accused stands charged with murder.
In cases of that character, it is, in our view, the duty of the trial judge to charge the jury that they may return a verdict of guilty of manslaughter, if they should find that he is guilty of manslaughter and that he is not guilty of murder.
It is not left to the trial judge to determine whether the charge of manslaughter is a part of the law of the case; or whether, in other words, the facts call for a charge as to manslaughter.
The matter is left to the jury, who are to be instructed as before stated.
The error being fundamental because of the language of the statute in such a case only; we concluded to remand the case.
The rule is limited exclusively to cases such as the one before us. As relates to other crimes it does not apply. It is in that respect sui generis and does not apply in all cases; but we repeat it applies in cases in which the accused is tried for murder.-
Rehearing refused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7197457. Public record. Not legal advice.