State v. Nettles

Decided March 15, 1889

Supreme Court of Louisiana · decided 1889-03-15

<p>A complaint that in a criminal conviction there was no proof of the vemie, involves a question of fact exclusively within the* province of the jury, anti over which the Supreme Court has no jurisdiction.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1889-03-15

How this case has been cited

Cited by 6 later decisions — most recently July 1924

6 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.

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¶1The opinion of the Court was delivered by

Poché, J.

¶2The complaint of the accused in this case is that there was no proof of the venue of the commission of the offense charged against Mm.

¶3This is a fact which belongs exclusively.to the province of the jury, and with which we have no possible concern, under our limited jurisdiction in criminal cases. State vs. Taylor, 37 Ann. 40; State vs. Tanner, 38 Ann. 307.

¶4We can but express our painful surprise to see an appeal to this court on such a flimsy pretext, and we dismiss the subject with the remarks which we applied to the case of Williams, 38 Ann. 371, in which we were called to pass upon the facts contributing to the guilt or innocence of the. accused: “We had indulged the hope that the last of such errors had been committed in the case of Taylor, 37 Ann. 40. Hereafter we shall pass over such means of defense as absolutely trivial and unworthy of consideration.”

¶5Judgment affirmed.