Supreme Court of Louisiana, 1923

State v. Bailey

Supreme Court of Louisiana · Decided October 22, 1923 · Brunot, Niell, Niiell, Rogers

154 La. 536; 97 So. 851; 1923 La. LEXIS 1975

Cases that cite this one

8 later published cases cite this decision.

State v. Jones (La. 2006)
State v. Jones (La. Ct. App. 2004)
State v. Flattmann (La. 1931)
State v. Ferguson (La. Ct. App. 1985)
State v. Nedds (La. 1978)
State v. Jacques (La. 1931)
State v. White (La. 1931)
State v. Hill (La. 1930)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

O’NIELL, C. J.

The 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.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.