Supreme Court of Louisiana, 1994

State ex rel. Sam v. Rader

State ex rel. Sam v. Rader
Supreme Court of Louisiana · Decided June 24, 1994 · Dennis, Ortique
640 So. 2d 1338; 1994 La. LEXIS 1742; 1994 WL 318947 (Southern Reporter, Second Series)

State ex rel. Sam v. Rader

Opinion of the Court

In re Sam, Alvin; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 33063-F; to the Court of Appeal, Third Circuit, No. CW93-0438.

Denied.

Dissenting Opinion

ORTIQUE, J.,

dissents. The instruction by the trial judge given regarding the right of defendant to “receive the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence” was clearly not in keeping with due 'process.

DENNIS, J., not on panel.

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