Opinion

State v. Richey

  • 258 La. 1094
  • 249 So. 2d 143
  • 1971 La. LEXIS 4229
Court
Supreme Court of Louisiana
Filed
Jun 7, 1971
Status
Published
Author
Dixon
On the bench
Hamlin, Dixon, Barham, Tate, Nos
Cited by
58 cases

The opinion

DIXON, Justice

(concurring).

I concur. However, our ruling on Bill of Exceptions No. 27 should be further explained.

Requested charges 2, 3 and 4 in Bill of Exceptions No. 27 are, as noted in the per curiam, contained in the trial judge’s charge to the jury. The charge as given by the trial judge adequately instructed the jury as to the meaning of “reasonable doubt.”

When read as a whole, the trial judge’s charge covered the defendant’s requested *1153 charge number 1. Specifically, the jury was instructed that if they found “the evidence unsatisfactory on any single point indispensably necessary to constitute the defendant’s guilt,” such would be sufficient grounds for reasonable doubt to find the defendant not guilty. It was up to the jury to believe or disbelieve the witnesses’ testimony as to the identification of the defendant. Although the trial court probably should have instructed the jury as requested by the defendant pursuant to C.Cr.P. article 807, since the charge requested was not incorrect, the matters contained in the requested charge number 1 are implicit in the charge as given.

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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