No. 65572 Precedential Processed

State v. Borne

Louisiana Supreme Court · Filed March 3, 1980 · 382 So. 2d 160

Also decided on this docket: La., October 19, 1979 376 So. 2d 326

Cited by

State v. Fortenberry 197 So. 3d 786 La. Ct. App. 1st Cir. 2016
State v. Odom 554 So. 2d 1281 La. Ct. App. 1st Cir. 1989
Hayden v. Phelps 469 So. 2d 975 La. 1985

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Poland 255 La. 746
State v. Poland 263 La. 269

Opinion text

MARCUS, Justice (concurring). I agree with the majority that defendant cannot be prosecuted for negligent homicide because it would twice place him in jeopardy for the same conduct. However, had defendant been convicted of negligent injuring prior to his victim’s death, that conviction would not bar a subsequent prosecution for negligent homicide. See State v. Poland, 255 La. 746 , 232 So.2d 499 (1970), vacated on other grounds, 408 U.S. 936 , 92 S.Ct. 2862 , 33 L.Ed.2d 754 (1972), on remand, 263 La. 269 , 268 So.2d 221 (1972). Accordingly, I respectfully concur.