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JOHNSON v. LOUISIANA

No. 69-5035.

406 U.S. 356 (1972)

JOHNSON v. LOUISIANA.

Supreme Court of United States.

Reargued January 10, 1972.

Decided May 22, 1972.

Attorney(s) appearing for the Case

Richard A. Buckley reargued the cause and filed a brief for appellant.

Louise Korns reargued the cause for appellee. With her on the brief were Jack P. F. Gremillion, Attorney General of Louisiana, and Jim Garrison.

MR. JUSTICE WHITE delivered the opinion of the Court.

Under both the Louisiana Constitution and Code of Criminal Procedure, criminal cases in which the punishment is necessarily at hard labor are tried to a jury of 12, and the vote of nine jurors is sufficient to return either a guilty or not guilty verdict.1 The principal question in this case is whether these provisions allowing less-than-unanimous...

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