# State v. Jones

> Supreme Court of Louisiana · May 16, 1977 · 345 So. 2d 1161

URL: https://www.frixlaw.com/law-library/cases/7484008

## Case

- **Full name:** STATE of Louisiana v. Ronnie JONES and Lionel Jones
- **Court:** Supreme Court of Louisiana
- **Decided:** May 16, 1977
- **Citations:** 345 So. 2d 1161; 1977 La. LEXIS 5765
- **Precedential status:** Published
- **Opinion:** Dissent by Tate
- **Judges:** Dixon, Reasons, Summers, Tate
- **Cited by:** 3 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/7484008

## Opinion text

TATE, Justice,
dissenting.
I respectfully dissent.
The defendant-was entitled to issuance of the subpoena requested. La.C.Cr.P. arts. 731, 738. The trial judge is without authority to determine that a subpoena should not issue for a witness desired by the defense, whatever might be the trial court’s (reviewable) ruling as to the relevance of testimony sought to be elicited from this witness.
The erroneous denial of the accused’s right to subpoena a witness thought needed by him for his defense is a substantial violation of a statutory right granted to him to present his defense. The erroneous ruling cannot be regarded as harmless, cf. La.C. Cr.P. art. 921.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7484008. Public record. Not legal advice.