State v. Fruge

Citations

• 106 La. 694

Syllabus

<p>Syllabus.</p> <p>X. Article XX6 of the onstitution was not Intended to abrogate or change the general rule of the common law, that, where an accusation of crime Includes an offense of Inferior degree, the jury may discharge the defendant of the higher crime and convict him of the less atrocious.</p> <p>2. The charge of horse stealing, under R. S. 8X4, does not, of necessity, Include the offense of “horse riding,” etc., denounced by Act No. 30 of X892. Nor, as a matter of fact, does the information upon which the defendant in this ease was convicted of the one offense include a charge of the other.</p> <p>3. In a criminal prosecution, it Is not necessary for the court, of Its own motion, or on request, to instruct as to the lower grades of crime involved, where there is no evidence on which to base such instruction. The giving of such Instruction is not only unnecessary, but improper.</p>