# State v. Jones

> Supreme Court of Louisiana · December 20, 1972 · 263 La. 1012

URL: https://www.frixlaw.com/law-library/cases/9670740

## Case

- **Full name:** STATE of Louisiana v. Donald JONES and Ronald Jones
- **Court:** Supreme Court of Louisiana
- **Decided:** December 20, 1972
- **Citations:** 263 La. 1012; 270 So. 2d 489; 1972 La. LEXIS 5878
- **Precedential status:** Published
- **Opinion:** Dissent by Barham
- **Judges:** Hamlin, Tate, Bills, Barham
- **Cited by:** 10 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/9670740

## Opinion text

BARHAM, Justice
(dissenting).
I dissent from the affirmation of the verdicts and sentences because I believe there is reversible error in the trial proceedings. Moreover, I dissent from the sentence imposed on the defendant Ronald Jones, being of the opinion that the case falls squarely within the views expressed in all five of the concurring opinions fomiing a majority in Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972). These cases, would require our setting aside the sentence, of Ronald Jones and remanding to the trial court for sentence in conformity with their holding. This procedure we have utilized in cases where the death sentence (though not the conviction) was invalid under Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), and it would, be equally applicable here. See State v. Shaffer, 260 La. 605 , 257 So.2d 121 (1971); State v. Duplessis, 260 La. 644 , 257 So.2d 135 (1971).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670740. Public record. Not legal advice.