State v. Payton
State v. Payton
Opinion of the Court
|,Writ granted. The district court erred in granting the state’s pretrial motion to exclude a self-defense jury charge. The court shall charge the jury as to the law applicablé to the case.- La.C.Cr.P. art. 802. Furthermore, the time to charge the jury is “after the presentation of all evidence and arguments.”' La.C.Cr.P. art. 801(A); see also State v. Tarrance, 252 La. 396, 411-12, 211 So.2d 304, 310 (1968) (rejecting the proposition that counsel ought to be afforded a copy of the charge before closing remarks); State v. Brown, 245 La. 112, 114-15, 157 So.2d 459, 460-61 (1963) (finding the trial judge correctly refused to charge the jury before any evidence was adduced). While a party may request before the first witness is sworn that the court reduce its charge to writing, the court need only deliver that written charge to the defendant and the state prior to
Reference
- Full Case Name
- STATE of Louisiana v. Devante PAYTON
- Cited By
- 2 cases
- Status
- Published