Cited by
Opinions in Louisiana that cite State v. Gibbs, 355 So. 2d 1299.
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State v. Tapps
832 So. 2d 995
La. Ct. App. 5th Cir. 2002
He alleges that such an instruction is patently erroneous thereby negating the necessity for a contemporaneous objection
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State v. Pugh
750 So. 2d 313
La. Ct. App. 5th Cir. 1999
*316 To support his argument that the charge at issue is constitutionally defective
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Criticized
State v. Sam
623 So. 2d 1
La. Ct. App. 4th Cir. 1993
You must not resort to extraneous facts or circumstance in reaching your verdict.” where it characterized a similar charge as “patently erroneous,” and instructed that it “should not be given.” 2 This language was held objectionable because La.C.Cr.P.
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State v. Johnson
598 So. 2d 1288
La. Ct. App. 1st Cir. 1992
See, ” Henderson, supra, 362 So.2d at 1366 .
- State v. Holland 544 So. 2d 461 La. Ct. App. 2d Cir. 1989
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State v. Smith
491 So. 2d 641
La. 1986
art. 770; (3) whether, taken as a whole, the final charge to the jury erroneously instructed the jury that it could not go beyond the evidence to find a reasonable doubt
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State v. Lowery
491 So. 2d 726
La. Ct. App. 1st Cir. 1986
Lowery next argues the jury charges are strikingly similar, if not identical
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State v. Smith
470 So. 2d 128
La. Ct. App. 4th Cir. 1985
Furthermore, the latter portion of that instruction, argued by defendants to negate the first portion, in that it instructs the jury, as our emphasis shows, not to go beyond the evidence either to acquit or to convict.
- State v. Simms 465 So. 2d 769 La. Ct. App. 5th Cir. 1985
- State v. Vessell 450 So. 2d 938 La. 1984
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State v. Edwards
419 So. 2d 881
La. 1982
The source of defendant's Special Requested Charge No. 4 (La.
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State v. Donahue
408 So. 2d 1262
La. 1982
because it did not advise the jury that it was entitled to acquit "because it was not convinced beyond a reasonable doubt because of lack of evidence as to an essential element of the crime" did not contain the reference to lack of evidence contained in the charge here given.
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Criticized
State v. MacK
403 So. 2d 8
La. 1981
This jury instruction tracks verbatim a
- State v. McAllister 366 So. 2d 1340 La. 1978
- State v. Henderson 362 So. 2d 1358 La. 1978