Opinion

State v. Borne

  • 382 So. 2d 160
  • 1980 La. LEXIS 6795
Court
Supreme Court of Louisiana
Filed
Mar 3, 1980
Status
Published
Author
Marcus
On the bench
Dennis, Marcus, Reasons, Watson
Cited by
3 cases
Authority
More cited than 25.7%

stating that “had defendant been convicted of negligent injuring prior to his victim’s death, that conviction would not bar a subsequent prosecution for negligent homicide.”

How later courts described this case

  • stating that “had defendant been convicted of negligent injuring prior to his victim’s death, that conviction would not bar a subsequent prosecution for negligent homicide.”

Written by the judges who cited it.

The opinion

MARCUS, Justice

(concurring).

I agree with the majority that defendant cannot be prosecuted for negligent homicide because it would twice place him in jeopardy for the same conduct. However, had defendant been convicted of negligent injuring prior to his victim’s death, that conviction would not bar a subsequent prosecution for negligent homicide. See State v. Poland, 255 La. 746 , 232 So.2d 499 (1970), vacated on other grounds, 408 U.S. 936 , 92 S.Ct. 2862 , 33 L.Ed.2d 754 (1972), on remand, 263 La. 269 , 268 So.2d 221 (1972). Accordingly, I respectfully concur.

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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