# State v. Borne

> Supreme Court of Louisiana · March 3, 1980 · 382 So. 2d 160

URL: https://www.frixlaw.com/law-library/cases/7502518

## Case

- **Full name:** STATE of Louisiana v. Ray J. BORNE
- **Court:** Supreme Court of Louisiana
- **Decided:** March 3, 1980
- **Citations:** 382 So. 2d 160; 1980 La. LEXIS 6795
- **Precedential status:** Published
- **Opinion:** Concurrence by Marcus
- **Judges:** Dennis, Marcus, Reasons, Watson
- **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/7502518

## How later opinions describe it (automated extraction)

- 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.”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7502518. Public record. Not legal advice.