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144 La. 435

State v. Garcia

Supreme Court of Louisiana

Decided December 2, 1918

Supreme Court of Louisiana · decided 1918-12-02

<p>Appeal from Thirteenth. Judicial District Court, Parish of Rapides; James Andrew, Judge.</p> <p>Ed Garcia was convicted of murder, and he appeals.</p>

Cited by 2 later decisions — most recently June 1964

2 state decisions

Relies on State v. Craighead

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-12-02

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PROVOSTY, J.

¶1[1] The accused was convicted .of murder, and sentenced to be hanged.

¶2Before the jury had been completed and before any of the jurors had been sworn, one of the accepted jurors was allowed, with the consent of counsel of accused, to separate from his fellows, and go, out of their presence and that of the court officers, into another room of the court building to answer a telephone call.

¶3As none of the jurors had been sworn (State v. Craighead, 114 La. 84, 38 South. 28), this separation was not good ground for new trial.

¶4Judgment affirmed.

O’NIELL, J., dissents foi* the reason that the defendant, being convicted of murder and condemned to die, was not — alth.ough it was his legal right to be — represented by counsel after he was granted an appeal from the verdict and sentence; no argument nor appearance being made, nor brief filed, in his behalf in the Supreme Court.
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