Opinion

State v. Dominguez

  • 228 La. 284
  • 82 So. 2d 12
  • 1955 La. LEXIS 1364
Court
Supreme Court of Louisiana
Filed
May 23, 1955
Status
Published
Author
Hamiter
On the bench
Simon, McCaleb, Hawthorne
Cited by
9 cases
Authority
More cited than 8.3%

The opinion

*311 HAMITER, Justice

(dissenting).

The Fifth Amendment to the Constitution of the United States, reciting that no person “shall be compelled in any criminal case to be a witness against himself” and on which the majority apparently rely, affords no protection to this defendant for the reason that it is without effect as to criminal proceedings in a state court such as the one with which we are presented concerned. Twining v. State of New Jersey, 211 U.S. 78 , 29 S.Ct. 14 , 53 L.Ed. 97 ; Palko v. Connecticut, 302 U.S. 319 , 58 S.Ct. 149 , 82 L.Ed. 288 ; Adamson v. California, 332 U.S. 46 , 67 S.Ct. 1672 , 91 L.Ed. 1903 ; State v. Kraft, 214 La. 351 , 37 So.2d 815 ; State v. Rodrigues, 219 La. 217 , 52 So.2d 756 .

I respectfully dissent.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.