Cited by

Opinions in Louisiana that cite State v. Poe, 38 So. 2d 359.

60 citing documents.

State v. Baugh 262 So. 3d 312 La. Ct. App. 1st Cir. 2018
12 These statutes reflect the oft-quoted "necessarily included" test in State v. Poe , , (La.
State of Louisiana v. Jubbard Price 250 So. 3d 230 La. 2018
This court has further clarified: Stated another way, “if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.” ( So.2d 359, 363 (1948) (on rehearing)).
State of Louisiana v. William Shupp La. Ct. App. 3d Cir. 2016
( So.2d 359, 363 (1948), (on reh‘g)), (La.App.
State v. Shupp 185 So. 3d 900 La. Ct. App. 1st Cir. 2016
( , (1948), (on reh’g)), (La.App.
State of Louisiana v. William J. Graham 180 So. 3d 271 La. 2015
This Court has further clarified: Stated another way, ―if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.‖ ( So.2d 359, 363 (1948) (on rehearing)).
State of Louisiana v. Gerald Brent Debarge La. Ct. App. 3d Cir. 2014
16 “The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal.” The supreme court, So.2d 359, 363 (La.1948) (on rehearing), stated the following: In reaching the conclusion in the instant case that a verdict of simple assault is responsive to the charge of attempted simple kidnapping, it was reasoned that „.
State v. Brown 163 So. 3d 1 La. Ct. App. 1st Cir. 2013
In arguing that attempted cruelty to a juvenile is not a responsive verdict, Ms. Brown relies on the oft-quoted clarifying definition of a , (1948) (on reh’g): In reaching the conclusion in the instant case that a verdict of simple assault is responsive to the charge of attempted, simple kidnapping, it was reasoned that ‘ * * * all that is required is that the greater offense must include all the elements of the lesser offense in order
State of Louisiana v. Alton Lane Strother La. Ct. App. 3d Cir. 2009
“Stated in another way for practical application, this merely means that, if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.”
State v. Strother 19 So. 3d 598 La. Ct. App. 3d Cir. 2009
State of Louisiana v. Michael W. Smith La. Ct. App. 3d Cir. 2009
“Stated in another way for practical application, this merely means that, if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.” (on rehearing).
State v. Smith 2 So. 3d 1187 La. Ct. App. 1st Cir. 2009
“Stated in another way for practical application, this merely means that, if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.” , (1948) (on rehearing).
State of Louisiana v. James Manuel Turnbo La. Ct. App. 3d Cir. 2007
141, (1971); So.2d 359 (1948).
State v. Turnbo 966 So. 2d 1220 La. Ct. App. 3d Cir. 2007
State of Louisiana v. Warren Todd Dossman La. Ct. App. 3d Cir. 2006
Stated another way, “if any reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive.” ( So.2d 359, 363 (1948) (on rehearing)).
State v. Dossman 940 So. 2d 876 La. Ct. App. 3d Cir. 2006
( , (1948) (on rehearing)).
State v. Simmons 817 So. 2d 16 La. 2002
( , (1948) (on rehearing)).
State v. Tilley 767 So. 2d 6 La. 2000
State v. Presley 758 So. 2d 308 La. Ct. App. 3d Cir. 2000
State v. Jones 653 So. 2d 109 La. Ct. App. 1st Cir. 1995
State v. Mosley 485 So. 2d 658 La. Ct. App. 1st Cir. 1986
State v. Pittman 428 So. 2d 979 La. Ct. App. 1st Cir. 1983
State v. Simmons 422 So. 2d 138 La. 1982
State v. Dauzat 392 So. 2d 393 La. 1980
[2] , (1948), the court cited State v. Roberts, supra , and emphasized that "...
State v. Booker 385 So. 2d 1186 La. 1980
(1948); State v. Roberts, 213 La.
State ex rel. Gibson 382 So. 2d 1060 La. Ct. App. 1st Cir. 1980
State v. Hamilton 356 So. 2d 1360 La. 1978
819 , (1951); , (1949); State v. Borde, 209 La.
State v. Alexander 351 So. 2d 505 La. 1977
State v. Tassin 343 So. 2d 681 La. 1977
" , (on rehearing); Marr's Criminal Jurisprudence of Louisiana, § 633, pp. 966-967 (1923).
State v. McCoy 337 So. 2d 192 La. 1976
(1948); State v. Roberts, 213 La.
State v. Lockett 332 So. 2d 443 La. 1976
819 , (1951); , (1949); State v. Borde, 209 La.
State v. Banks 307 So. 2d 594 La. 1975
State v. Woodruff 281 So. 2d 95 La. 1973
257 , (1950); , (1948); State v. Lee, 173 La.
Distinguished State v. Foy 278 So. 2d 38 La. 1973
1099 , (1966); , (1948); State v. Mattio, 212 La.
State v. Chambers 270 So. 2d 514 La. 1972
See, State v. Poe (1948), , ; State v. Green (1944), 205 La.
State v. Garrison 255 So. 2d 719 La. 1971
State v. Dugas 211 So. 2d 285 La. 1968
807 , ; , ; State v. Barton, 207 La.
State v. Caldwell 206 So. 2d 492 La. 1968
State v. Andrus 199 So. 2d 867 La. 1967
64 ; , ; State v. Mills, 229 La.
State v. Barksdale 170 So. 2d 374 La. 1964
1040 , (1954); , (1948).
State v. Garrison 154 So. 2d 400 La. 1963
State v. White 153 So. 2d 401 La. 1963
863 , ; , , on rehearing.
State v. Scott 141 So. 2d 389 La. 1962
State v. Davis 132 So. 2d 866 La. 1961
863 , ; , ; State v. Sanford, 218 La.
State v. Eubanks 124 So. 2d 543 La. 1960
State v. Clayton 110 So. 2d 111 La. 1959
2d 216, 218 , after quoting approvingly from the Jacques, Desselles and Antoine cases, supra, we said: * “Under the law and the jurisprudence, it is vital to the validity of any verdict for a lesser offense that all the elements of that offense are necessarily contained in the definition of the greater offense.” , .
State v. Scott 110 So. 2d 530 La. 1959
State v. Rue 107 So. 2d 702 La. 1958
15:203), , , State v. Gros, 204 La.
State v. Clark 93 So. 2d 13 La. 1957
2d 278 ; State v. Barton, supra; , .
State v. Amiss 89 So. 2d 877 La. 1956
State v. Shourds, 224 La.
State v. Butler 86 So. 2d 906 La. 1956
State v. Shourds, 224 La.