Cited by
Opinions in Louisiana that cite State v. James, 305 So. 2d 514.
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State v. Braxton
458 So. 2d 1017
La. Ct. App. 1st Cir. 1984
But as we said in State v. James, supra [ ], the defendant’s right to learn before the trial of the particulars of the offense for which he is to be tried can be adequately protected by the bill of particulars and other discovery devices.
- State v. Morris 457 So. 2d 119 La. Ct. App. 2d Cir. 1984
- State v. Gallow 452 So. 2d 1288 La. Ct. App. 1st Cir. 1984
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State v. Defraites
449 So. 2d 540
La. Ct. App. 4th Cir. 1984
our Supreme Court relaxed the formerly inflexible rule regarding technical defects in indictments and held: The thrust of today's ruling simply modifies prior jurisprudence that permitted, post-verdict, the questioning of the sufficiency of the indictment even though there was no actual lack of notice a
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State v. Pendergist
444 So. 2d 306
La. Ct. App. 1st Cir. 1983
it was held that a similar line of questioning was improper as irrelevant, since the bad general reputation of a witness for moral character cannot be shown by particular conduct.
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State v. Minix
438 So. 2d 1261
La. Ct. App. 1st Cir. 1983
” Similarly, addressing an argument for remand to the trial court for compliance with the rule requiring a twenty-four hour delay between conviction and sentencing, the high court stated: “A remand would only serve to lengthen unnecessarily the already substantial
- State v. Vanderhoff 415 So. 2d 190 La. 1982
- State v. Robicheaux 412 So. 2d 1313 La. 1982
- State v. Storms 406 So. 2d 135 La. 1981
- State v. Johnson 404 So. 2d 239 La. 1981
- State v. Morgan 389 So. 2d 364 La. 1980
- State Ex Rel. Halvorsen v. Blackburn 388 So. 2d 806 La. 1980
- State v. Gainey 376 So. 2d 1240 La. 1979
- State v. Phillips 365 So. 2d 1304 La. 1978
- State v. Landry 359 So. 2d 99 La. 1978
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State v. Murray
357 So. 2d 1121
La. 1978
State v. Turner, La., (1976); State v. Gordon, La., (1976); State v. Malmay, La., (1975); State v. James, La., (1974).
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State v. Pichler
355 So. 2d 1302
La. 1978
at pp. 516-517 , that: "* * * [W]here in fact an accused has been fairly informed of the charge against him by the indictment and has not been prejudiced by surprise or lack of notice, the technical sufficiency of the indictment may not be questioned after conviction where, as here, no objection was raised to it prio
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State v. Holstead
354 So. 2d 493
La. 1977
is applicable to the instant situation, and hence the trial judge did not err in denying defendant's motions to quash the bill of information and in arrest of judgment.
- State v. Hillman 353 So. 2d 1356 La. Ct. App. 3d Cir. 1977
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State v. LeJeune
352 So. 2d 619
La. 1977
In State v. James, La., (1974), we stated: "* * * [W]here in fact an accused has been fairly informed of the charge against him by the indictment and has not been prejudiced by surprise or lack of notice, the technical sufficiency of the indictment may not be questioned after conviction where, as here, no objection was raised to it prio
- State v. Gray 351 So. 2d 448 La. 1977
- State in Interest of Jordan 348 So. 2d 697 La. Ct. App. 1st Cir. 1977
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State v. Ford
349 So. 2d 300
La. 1977
More recently, however, we held that "where in fact an accused has been fairly informed if the charge against him by the indictment and has not been prejudiced by surprise or lack of notice, the technical sufficiency of the indictment may not be questioned after conviction where, as here no objection was raised to it prior to the
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State v. Williams
346 So. 2d 181
La. 1977
The only question remaining is whether, the failure of the information to charge a crime punishable under Louisiana law should result in dismissal of the prosecution.
- State v. Sepulvado 342 So. 2d 630 La. 1977
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State v. Ardoin
340 So. 2d 1362
La. 1976
E. g., (failure to inform defendant of his right to waive jury trialheld defendant aware of right); (technical errors in indictment form); State v. McKinney, supra (violation of sequestration rule); (no notice to defendant of intent to use inculpatory statements).
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State v. James
339 So. 2d 741
La. 1976
State v. James, La., (1974); State v. Scott, La., (1973).
- State v. Marmillion 339 So. 2d 788 La. 1976
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State v. Turner
337 So. 2d 1090
La. 1976
this sort of technical exactitude has not been required of the indictment.
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State v. Flowers
337 So. 2d 469
La. 1976
[2] this court declined to hold invalid an armed robbery information which charged the robbery of a company, instead of a person, characterizing the defect as technical.
- State v. Randolph 334 So. 2d 687 La. 1976
- State v. Gordon 336 So. 2d 793 La. 1976
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State v. Anderson
332 So. 2d 452
La. 1976
State v. James, La., (1974).
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State v. Governor
331 So. 2d 443
La. 1976
1877 , 32 L.Ed.2d 411 (1972)
- State v. Brown 321 So. 2d 516 La. 1975
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State v. Moore
320 So. 2d 208
La. 1975
The alleged deficiencies in the bill of information cannot be raised for the first time after conviction
- State v. Mouton 319 So. 2d 331 La. 1975
- State v. Roberts 319 So. 2d 317 La. 1975
- State v. Malmay 315 So. 2d 286 La. 1975
- State v. Monk 315 So. 2d 727 La. 1975
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State v. Santos
309 So. 2d 129
La. 1975
(decided December 2, 1974) (decided December 2, 1974).
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State v. Mason
305 So. 2d 523
La. 1974
Correlative to this present-day relaxing of the hypertechnical requirements of the indictment and of its formal supplementation by bill of particulars (see also State v. James, La., (Docket No. 54,874), this day rendered), is an obligation on the part of the State, in the interest of assuring a fair trial, of assuring that the accused is furnished essential information concerning the charge, in order that he may adequately prepare what defense he has.