Cited by

Opinions in Louisiana that cite State v. Roberts, 35 So. 2d 216.

14 citing documents.

State v. Brown 163 So. 3d 1 La. Ct. App. 1st Cir. 2013
tant 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 to make a verdict of the lesser offense responsive.’ We now find that this statement is not entirely accurate for, as we observed in the [State v] Roberts [ , (1948)] case, the test is whether the definition of the greater offense necessarily includes all t
State v. Rideau 947 So. 2d 127 La. Ct. App. 4th Cir. 2006
(1948), the Louisiana Supreme Court stated: Thus, it is plain from the definitions of attempted murder and aggravated battery that the elements of the lesser offense are not necessarily included in the greater offense.
State v. Byrd 491 So. 2d 87 La. Ct. App. 1st Cir. 1986
Thus, , (1948), ‘the elements of the crime of attempted murder are specific intent to kill a human being and an overt act in furtherance of the object.’ It has, therefore, universally and without exception been held in American jurisdictions that a specific intent to kill is an essential element of the cri
State v. Simmons 422 So. 2d 138 La. 1982
14:5; on rehearing; , (1948).
State v. St. Amant 413 So. 2d 1312 La. 1981
State v. Dauzat 392 So. 2d 393 La. 1980
State v. Booker 385 So. 2d 1186 La. 1980
606 , (1948); , (1948); cf. La.R.S.
State v. McCoy 337 So. 2d 192 La. 1976
State v. Butler 322 So. 2d 189 La. 1975
Thus, , (1948), "the elements of the crime of attempted murder are specific intent to kill a human being (Article 30, Criminal Code) and an overt act in furtherance of the object."
State v. Peterson 290 So. 2d 307 La. 1974
(1948) (aggravated battery not responsive to charge of attempted murder) and State v. Clayton, 236 La.
State v. Garner 115 So. 2d 855 La. 1959
1003 , ; , ; State v. Espinosa, 223 La.
State v. Clayton 110 So. 2d 111 La. 1959
State v. Robinson 58 So. 2d 408 La. 1952
we said: “Comparison of the provisions of Articles 386, 405 and 406 of the Code of Criminal Procedure and Article 5 of the Criminal Code * * * with the prior jurisprudence discloses that the former are in reality a codification of the well-settled pronouncements of this court relative to greater
State v. Poe 38 So. 2d 359 La. 1948
A rehearing was granted in this case for the purpose of considering whether the ruling that a verdict of simple assault is responsive to a , , which was handed down on the same day.