Cited by
Opinions in Louisiana that cite State v. Desselles, 90 So. 773.
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State v. Green
269 So. 2d 460
La. 1972
494 , (1922); State v. Comeaux, 142 La.
- State v. Rogers 132 So. 2d 819 La. 1961
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State v. Clayton
110 So. 2d 111
La. 1959
494 , , thusly: “A court or jury having jurisdiction to try the defendant for the crime charged in a bill of indictment or information has jurisdiction to convict him of a less serious crime, of which, if charged alone, the court or jury would not have jurisdiction; provided, of course, all of the elements of the less
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State v. Poe
38 So. 2d 359
La. 1948
494 , , from which we quoted with approval in the Roberts case.
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State v. Roberts
35 So. 2d 216
La. 1948
494 , , thus: “A court or jury having jurisdiction to try the defendant for the crime charged in a bill of indictment or information has jurisdiction to convict him of a less serious crime, of which, if charged alone, the court or jury would not have jurisdiction; provided, of course, all of the elements of the less se
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State v. Stanford
15 So. 2d 817
La. 1943
494 , ; and State v. Flattmann, 172 La.
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State v. Guillot
9 So. 2d 235
La. 1942
494 , , which is the leading case on the subject, this court reviewed the jurisprudence and held that in a case such as this the indictment was one for burglary and not for larceny.
- State v. Seal 143 So. 18 La. 1932
- State v. Seal 143 So. 18 La. 1932
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State v. Ritchie
136 So. 11
La. 1931
494 , ; State v. O’Banion, 171 La.
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State v. Flattmann
135 So. 3
La. 1931
494 , ; State v. Hataway, 153 La.
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State v. Jacques
132 So. 657
La. 1931
494 , ; State v. Bailey, 154 La.
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State v. Hill
130 So. 865
La. 1930
494 , ; State v. Bailey, 154 La.
- State v. O'Banion 131 So. 34 La. 1930
- State v. Hackett 117 So. 141 La. 1928
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State v. Fradella
111 So. 423
La. 1927
494 , ; State v. Hataway, 153 La.
- State v. Dunn 109 So. 56 La. 1926
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State v. Doty
104 So. 736
La. 1925
510 , , wherein we said: “It appears that the box had been opened by the clerk of court for the trial of a case that preceded this case, and that some names had therefore been drawn, from the box.