State v. O'Connor

Citations

• 119 La. 464
• 44 So. 265
• 1907 La. LEXIS 505

Syllabus

<p>1. Criminal Law — Instructions—Grades of Offenses.</p> <p>It is only in prosecutions for murder that the judge is required of his own motion to instruct the jury as to verdicts for offenses of lower grades than that for which the accused is prosecuted. In other cases such instruction should not be given, even though requested, unless called for by the evidence adduced.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1923-1927, 2005.]</p> <p>2. Same — Former Jeopardy — Pleading.</p> <p>The defense of autrefois acquit must be specially pleaded before verdict. It cannot be set up by way of motion for new trial, or in arrest of judgment.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 14, Criminal Law, § 666; vol. 15, Criminal Law, §§ 2138, 2432.]</p> <p>(Syllabus by the Court.)</p>