Supreme Court of Louisiana, 1975

State v. Thomas

State v. Thomas
Supreme Court of Louisiana · Decided July 30, 1975 · Sanders
315 So. 2d 776; 1975 La. LEXIS 4395 (Southern Reporter, Second Series)

State v. Thomas

Dissenting Opinion

SANDERS, C. J.,

dissents from the granting of the writ, being of the opinion that the request came after the trial had commenced. See LSA-C.Cr.P. Arts. 782, 761.

Opinion of the Court

In re: R. Charles Thomas and George Thomas, applying for writs of certiorari (review) prohibition, mandamus and stay order.

Writ granted. The trial court is ordered to try relators before the jury of their individual choice or show cause to the contrary on or before August 25, 1975. The trial had not begun under the contemplation of Code of Criminal Procedure, Art. 761 when the election was made. “[T]he first prospective juror is called for examination” in a “particular” trial only when his name has been drawn from the venire box and he is called for voir dire examination. Code of Criminal Procedure, Arts. 783, 784, 786 et seq.

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