State v. Perry, 12,070

CourtSupreme Court of Louisiana
Writing for the CourtNICHOLLS, C. J.
Citation19 So. 684,48 La.Ann. 651
PartiesSTATE OF LOUISIANA v. WILLIAM PERRY, ALIAS WILLIAM LEWIS, ALIAS WILLIAM WILLIAMS
Decision Date23 March 1896
Docket Number12,070

19 So. 684

48 La.Ann. 651

STATE OF LOUISIANA
v.

WILLIAM PERRY, ALIAS WILLIAM LEWIS, ALIAS WILLIAM WILLIAMS

No. 12,070

Supreme Court of Louisiana

March 23, 1896


Submitted March 14, 1896

APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J.

M. J. Cunningham, Attorney General; Charles A. Butler, District Attorney, and John J. Finney, Assistant District Attorney, for Plaintiff, Appellee.

Conrad G. Collins, for Defendant, Appellant.

OPINION

NICHOLLS, C. J.

An extract from the minutes of the Criminal Court of January 14, 1896, shows that "the Assistant District Attorney [48 La.Ann. 652] being present and the defendant, William Perry, etc., being placed at the bar of the court in custody of the sheriff, the State and the defendant being ready for trial, the jury was accepted, empaneled and sworn -- certain witnesses were examined on the part of the State and cross-examined by the defendant -- the defendant testified on his own behalf and was cross-examined by the State, and after hearing the evidence and instructions of the court the jury returned a verdict against the defendant, finding him guilty as charged."

On the 16th an attorney representing defendant filed an application on his behalf for a new trial upon the following ground:

1. Because the accused had an attorney at law duly retained for his defence and he was tried without an opportunity of communicating with his said attorney or of having said attorney to represent him.

2. Because his said attorney sought to communicate with defendant while confined in the parish prison, but that another prisoner who answered to the named of Willie Lewis, by which name defend- was known and by which name said attorney asked to see defendant, was brought from a cell by the deputy criminal sheriff to his counsel, who was thereby mislead and believed, as he had the right to believe, that he was speaking to Willie Lewis the defendant, and that counsel was informed by said other Willie Lewis that he did not need his said attorney's services; that he had employed Mr. Lionel Adams as his counsel. Whereupon said defendant's counsel left the prison, believing that defendant had counsel, and defendant was produced in court by the criminal sheriff, and had to stand his trial without the assistance of counsel, and was deprived of the right granted him by law of being defended by his attorney so retained by him.

3. Because of said action of said deputy criminal sheriff defendant has been deprived of a constitutional right, and surprised into a trial when he had counsel to defend him who could have advised defendant and secured to him a proper representation of his defence before the court.

4. Because defendant had a good defence in his behalf, and was deprived of the right to urge the same by said surprise and actions of the said officers of the court.

Attached to this motion were the affidavits of B. A. Michel and [48 La.Ann. 653] Conrad [19 So. 685] G. Collins, the latter being the attorney who filed the motion for a new trial, and who was referred to in the affidavit of Michel.

Michel deposed that he had retained Mr. Collins, as...

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5 practice notes
  • State v. Dwyer, 27297
    • United States
    • Supreme Court of Louisiana
    • July 13, 1925
    ...of counsel to defendant does not constitute error." State v. Doyle, 36 La.Ann. 91. See, also, to the same effect, State v. Perry, 48 La.Ann. 651, 19 So. 684. And in State v. Dubois, 24 La.Ann. 309, the court said: "The continuance of a criminal trial cannot be claimed by the accus......
  • State v. White, 25280
    • United States
    • Supreme Court of Louisiana
    • June 22, 1922
    ...these circumstances, was denied the constitutional right to have the assistance of counsel in his defense. In the case of State v. Perry, 48 La.Ann. 651, 19 So. 684 we said: [152 La. 620] "Counsel claim that the defendant was deprived of his constitutional right of having counsel. Arti......
  • State v. Murry, 29052
    • United States
    • Supreme Court of Louisiana
    • February 13, 1928
    ...of their arraignment, and to have requested the appointment of an attorney to defend them. Revised Statutes 1870, § 992; State v. Perry, 48 La.Ann. 651, 19 So. 684; State v. Sims, 117 La. 1036, 42 So. 494. Defendants had ample time to secure the attendance of absent witnesses by compulsory ......
  • Succession of Blancand, 11,925
    • United States
    • Supreme Court of Louisiana
    • March 23, 1896
    ...enjoyment of the stock left at her husband's death. Revised Statutes, Sec. 629; Civil Code, Arts. 534, 536. It follows, we think, that the [19 So. 684] claim of the opponent of half the fund brought on this account admits of no support. If the minor had any claim in respect to the stock of ......
  • Request a trial to view additional results
5 cases
  • State v. Dwyer, 27297
    • United States
    • Supreme Court of Louisiana
    • July 13, 1925
    ...of counsel to defendant does not constitute error." State v. Doyle, 36 La.Ann. 91. See, also, to the same effect, State v. Perry, 48 La.Ann. 651, 19 So. 684. And in State v. Dubois, 24 La.Ann. 309, the court said: "The continuance of a criminal trial cannot be claimed by the accus......
  • State v. White, 25280
    • United States
    • Supreme Court of Louisiana
    • June 22, 1922
    ...these circumstances, was denied the constitutional right to have the assistance of counsel in his defense. In the case of State v. Perry, 48 La.Ann. 651, 19 So. 684 we said: [152 La. 620] "Counsel claim that the defendant was deprived of his constitutional right of having counsel. Arti......
  • State v. Murry, 29052
    • United States
    • Supreme Court of Louisiana
    • February 13, 1928
    ...of their arraignment, and to have requested the appointment of an attorney to defend them. Revised Statutes 1870, § 992; State v. Perry, 48 La.Ann. 651, 19 So. 684; State v. Sims, 117 La. 1036, 42 So. 494. Defendants had ample time to secure the attendance of absent witnesses by compulsory ......
  • Succession of Blancand, 11,925
    • United States
    • Supreme Court of Louisiana
    • March 23, 1896
    ...enjoyment of the stock left at her husband's death. Revised Statutes, Sec. 629; Civil Code, Arts. 534, 536. It follows, we think, that the [19 So. 684] claim of the opponent of half the fund brought on this account admits of no support. If the minor had any claim in respect to the stock of ......
  • Request a trial to view additional results

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