State v. Guillot, No. 67232

CourtSupreme Court of Louisiana
Writing for the CourtLEMMON
Citation389 So.2d 68
Docket NumberNo. 67232
Decision Date06 October 1980
PartiesSTATE of Louisiana v. Dale GUILLOT.

Page 68

389 So.2d 68
STATE of Louisiana
v.
Dale GUILLOT.
No. 67232.
Supreme Court of Louisiana.
Oct. 6, 1980.

Michael J. Johnson, Cottonport, John R. Contois, Marksville, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Eddie Knoll, Dist. Atty., Cliffe E. Laborde, III, Asst. Dist. Atty., for plaintiff-respondent.

LEMMON, Justice.

The determinative issue in this matter is whether the prosecution presented sufficient evidence to sustain defendant's conviction of criminal neglect of his two minor children in violation of R.S. 14:74.

On August 20, 1979 defendant left his wife and two daughters after fifteen years of marriage. Five months later Mrs. Guillot filed a complaint charging defendant

Page 69

with intentionally failing to support his children who were in necessitous circumstances.

I.

After defendant left them, Mrs. Guillot and the children continued to live on the family farm. She withdrew $1,277 from a joint bank account and also harvested a standing soybean crop, which she sold for $20,000. With the proceeds of that crop sale and the sale of some cattle, she paid off the $27,000 mortgage on the farm.

Mrs. Guillot never asked her estranged husband for support, nor did she apply for food stamps. In November, 1979 she bought an AC three-wheeler recreational vehicle at a cost of $850 for herself and the children. When asked if she and her children were destitute, she replied that "they managed". She further admitted owning about 25 other cattle which she could sell if she needed cash.

According to Mrs. Guillot, her father provided considerable support by helping her harvest the soybean crop and by giving cattle to the children. Her father testified he gave defendant and his daughter their house and lot when they were married in 1964 and made gifts of cattle to the grandchildren, but made no donations of cattle from August, 1979 to the date of the trial.

On January 8, 1980, approximately two weeks before these charges were filed, defendant gave his wife.$331.00, which he had inherited from his mother's succession.

II.

In order for a conviction to stand, the evidence, when viewed in a light most favorable to the prosecution, must be sufficient to convince a reasonable trier of fact of the defendant's guilt beyond a reasonable doubt of every element of the crime. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). To convict a husband or father of the offense of...

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24 practice notes
  • State v. Edwards, No. 81-KA-3084
    • United States
    • Supreme Court of Louisiana
    • September 7, 1982
    ...trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. State v. Guillot, 389 So.2d 68 Viewing the evidence presented during trial in light of that standard, we conclude that a rational trier of fact could have returned a verdict of ......
  • State v. Sims, No. 81-KA-3018
    • United States
    • Supreme Court of Louisiana
    • January 10, 1983
    ...See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Sharp, 414 So.2d 752 (La.1982); State v. Guillot, 389 So.2d 68 Deputy Shirey testified that he was in uniform and driving a marked patrol car on the night of the arrest. Sims knew prior to that night that ......
  • State v. Ennis, No. 81-KA-2042
    • United States
    • Supreme Court of Louisiana
    • May 17, 1982
    ...trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. State v. Guillot, 389 So.2d 68 Regarding circumstantial evidence, R.S. 15:438 sets forth the rule that, in order to convict, the evidence must exclude every reasonable hypothesi......
  • State v. Johnson, No. 82-KA-0045
    • United States
    • Supreme Court of Louisiana
    • January 10, 1983
    ...sufficiency of the evidence. State v. Ennis, 414 So.2d 661 (La.1982); State v. Stewart, 400 So.2d 633 (1981); State v. Guillot, 389 So.2d 68 (La.1980); State v. Landry, 381 So.2d 462 (La.1980); State v. Mathews, 375 So.2d 1165 (La.1979); State v. Abercrombie, 375 So.2d 1170 (La.1979), cert.......
  • Request a trial to view additional results
24 cases
  • State v. Edwards, No. 81-KA-3084
    • United States
    • Supreme Court of Louisiana
    • September 7, 1982
    ...trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. State v. Guillot, 389 So.2d 68 Viewing the evidence presented during trial in light of that standard, we conclude that a rational trier of fact could have returned a verdict of ......
  • State v. Sims, No. 81-KA-3018
    • United States
    • Supreme Court of Louisiana
    • January 10, 1983
    ...See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Sharp, 414 So.2d 752 (La.1982); State v. Guillot, 389 So.2d 68 Deputy Shirey testified that he was in uniform and driving a marked patrol car on the night of the arrest. Sims knew prior to that night that ......
  • State v. Ennis, No. 81-KA-2042
    • United States
    • Supreme Court of Louisiana
    • May 17, 1982
    ...trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. State v. Guillot, 389 So.2d 68 Regarding circumstantial evidence, R.S. 15:438 sets forth the rule that, in order to convict, the evidence must exclude every reasonable hypothesi......
  • State v. Johnson, No. 82-KA-0045
    • United States
    • Supreme Court of Louisiana
    • January 10, 1983
    ...sufficiency of the evidence. State v. Ennis, 414 So.2d 661 (La.1982); State v. Stewart, 400 So.2d 633 (1981); State v. Guillot, 389 So.2d 68 (La.1980); State v. Landry, 381 So.2d 462 (La.1980); State v. Mathews, 375 So.2d 1165 (La.1979); State v. Abercrombie, 375 So.2d 1170 (La.1979), cert.......
  • Request a trial to view additional results

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