286 So. 2d 345 - State v. Gilbert’s Empirical Analysis

Citation profile

19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"La.C.Cr.P. Art. 851(1) provides that one of the grounds for the granting of a new trial is where the verdict is contrary to the law and evidence. "According to the official revision comment, explaining Article 851(1); "`* * * a verdict contrary to the law and the evidence is a ground on which the trial judge has a wide discretion and may order a new trial if he feels that the jury was wrong in convicting the defendant. It is the duty of the trial judge to pass upon the sufficiency of the evidence, and his refusal to do so is reversible error. State v. Daspit, 167 La. 53 , 118 So. 690 (1928).' "[8, 9] Under our law, the trial judge may not comment on the evidence to the jury. LSA-C.Cr.P. Art. 772. He may, however, under the above provision, grant a new trial if the jury returns a verdict of guilty when his own analysis of the evidence indicates that the verdict was contrary to the evidence, i. e., there is reasonable doubt as to the guilt of the defendant. This power is exclusively vested in the trial judge. The Supreme Court is limited to a review of the law, and may not review facts in a criminal case. LSA-Const. Art. VII, Sec. 10. This limitation is expressed in LSA-C. Cr.P. Art. 858, which provides: "`Neither the appellate nor supervisory jurisdiction of the supreme court may be invoked to review the granting or the refusal to grant a new trial, except for error of law.' "[10] Thus, we have uniformly held that a bill of exceptions reserved to the refusal of the trial judg”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Landrum

2. “"The jury in all criminal cases shall be the judges of the law and of the facts on the question of guilt or innocence, having been charged as to the law applicable to the case by the presiding judge."”

   1 later decision quote this exact passage · from the majority
   e.g. 291 So. 2d 767 - State v. Stephenson

3. “"Why, of course, it is a serious offense. Mr. O'Corr could well not be here today. If anything had happened in that armed robbery, as it so often does, the person, the victim, is not here to testify."”

   1 later decision quote this exact passage · from the majority
   e.g. 328 So. 2d 81 - State v. Ball