State v. Bailey

Supreme Court of Louisiana

Decided October 22, 1923

Supreme Court of Louisiana · decided 1923-10-22

Relies on State v. Desselles · State v. Stephens · State v. Hataway

Good law ✅— No negative treatment on recordhow we know

Decided 1923-10-22

How this case has been cited

Cited by 14 later decisions — most recently February 2006

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

O’NIELL, C. J.

¶1The district attorney concedes that the verdict and sentence in thi? *537case are null because the defendant, appellant, was tried by a jury composed of 12 members for a crime for which he should have been tried by a jury of only 5 members. Const, art. 7, § 41; State v. Thompson, 104 La. 167, 28 South. 882; State v. Beebe, 127 La. 493, 53 South. 730; State v. Reeves, 128 La. 37, 54 South. 415; State v. Desselles, 150 La. 494, 90 South. 773; State v. Stephens, 150 La. 944, 91 South. 349, 23 A. L. R. 286; State v. Hataway, 153 La. 751, 96 South. 556.

¶2The verdict and sentence are annulled, and it is ordered that the case be remanded to the criminal district court for a new trial.