STATE v. MARSE

No. 62193.

365 So.2d 1319 (1978)

STATE of Louisiana v. Willie Joseph MARSE, Jr.

Supreme Court of Louisiana.

Rehearing Denied January 26, 1979.


Attorney(s) appearing for the Case

Mary Coffman, Student Practitioner, William J. O'Hara, III, Supervising Atty., Loyola Law School Clinic, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., P. Michael Cullen, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.


DENNIS, Justice.

If one reasonable view of the evidence in a first degree murder prosecution would support a finding of negligent homicide by the jury, does the statutory exclusion of "guilty of negligent homicide" from the list of responsive verdicts violate the defendant's constitutional rights to a fair trial by jury? Does the trial judge's refusal to instruct the jury on negligent homicide in such a case violate defendant's statutory right to a wholly correct...

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