# State v. Dominguez

> Supreme Court of Louisiana · May 23, 1955 · 228 La. 284

URL: https://www.frixlaw.com/law-library/cases/9683162

## Case

- **Full name:** STATE of Louisiana v. Lionel Andrew DOMINGUEZ
- **Court:** Supreme Court of Louisiana
- **Decided:** May 23, 1955
- **Citations:** 228 La. 284; 82 So. 2d 12; 1955 La. LEXIS 1364
- **Precedential status:** Published
- **Opinion:** Dissent by Hamiter
- **Judges:** Simon, McCaleb, Hawthorne
- **Cited by:** 9 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/9683162

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683162. Public record. Not legal advice.