State v. Williams 1872

11/14/84 State of Louisiana v. Wayne Williams

November 14, 1984

STATE OF LOUISIANA

v.

WAYNE WILLIAMS PUBLIC DOMAIN CITE: STATE

v.

WILLIAMS , 1872 (LA. APP. 4 CIR. 11/14/84); 460 SO. 2D 2

Before turning to defendant's assignments of error, we have reviewed the documents in the record and the 150 page transcript of the jury trial. We find no errors patent on the face of the record. Moreover, having viewed the evidence in the light most favorable to the State, we conclude that there was sufficient evidence for the jury to have found the defendant guilty beyond a doubt of every element of the offense. State v. Raymo, 419 So.2d 858 (La. 1982). In this circumstantial evidence case, the record sufficiently excludes every reasonable hypothesis of defendant's innocence. LSA-R.S. 15:438; Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979); State v. Wright, 445 So.2d 1198 (La. 1984).

COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT

AN APPEAL FROM THE CRIMINAL DISTRICT COURT, FOR THE PARISH OF ORLEANS NO. 294-592, SECTION "H" HONORABLE JAMES McKAY JUDGE. 1984.LA.2255

APPELLATE PANEL:

Court composed of Judges James C. Gulotta, Patrick M. Schott and Charles R. Ward

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GULOTTA, Defendant appeals his conviction and twelve year sentence (with credit for time served) for manslaughter, a violation of LSA-R.S. 14:31. We affirm.

Although defendant has filed six assignments of error, he characterizes four of them in his brief to be "without merit" or "not arguable". We therefore consider those assignments as waived. Because the remaining two assignments substantially deal with the same issue, we consider them together as one.

In essence, defendant complains the trial court erred in dismissing a juror for cause during the trial and substituting an alternate ...

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Turkish-English Criminal Law Glossary
Landlord-Tenant vs. Lessor-Lessee
Difference Between Transfer & Assignment
Subsidiary-Affiliate Difference

Power İngilizce-Türkçe Hukuk Sözlüğü / Power English-Turkish Dictionary of Law - Text

Power İngilizce-Türkçe Hukuk Sözlüğü - Power English-Turkish Dictionary of Law

Murder vs Homicide

Homicide, murder, manslaughter and kill.

These seem to be referring to the same crime, but they are not.

Let's give the distinguishing definitions.

Homicide:

Homicide means any killing of a human being by another human being, regardless of being intentional or even being illegal. An unintentional or even a justified killing of a human being can be referred to as homicide.

Murder:

Murder means an illegal homicide with malice. It won't be a murder if it is justified or it was not committed with malice.

Manslaughter:

Manslaughter means an illegal homicide without malice. It won't be a manslaughter if it is justified or it was committed with malice.

Therefore; where a homicide is defined in the statute as a crime, it is a murder if it was committed with malice and it is a manslaughter if it was committed without malice.

Kill:

The difference with a kill and homicide is the scope. Unlike homicide, the term kill also covers ending life of an animal.

Turkish-English Criminal Law Glossary
Landlord-Tenant vs. Lessor-Lessee
Difference Between Transfer & Assignment
Subsidiary-Affiliate Difference

Possession Ownership Title Property

Let's handle the difference between possession and ownership, the difference between ownership and title and lastly the clarified meaning of property.

Possession and Ownership

Possession is the control and domain over a property. In particular, the term 'actual possession' refers to physical control. On the other hand, the term 'constructive possession' excludes the physical control and dominion over a property and refers to intention of exercising control over a property and the legitimate power of exercising control over the same.

Therefore, though it may seem as name of an actual condition, possession may as well be a term that indicates the legal situation (legitimate power) rather than the actual situation. In any event, possession of a property requires (1) having actual or legitimate power to exercise control over a property and (2) intention to exercise the control over the property.


Ownership is not really a technically legal term. It refers to own a property, regardless of having a legal right or an actual control.

Ownership and Title

Unlike ownership, the term title is a technically legal term that refers to a legal, legitimate right. It is a legally recognized ownership, by which one can exerxise possession or property rights.

Property

Property is the broadest interest that covers rights to exclusively possess, use and dispose of anything. It is broader than possesion, it is legitimate, when compared to ownership and it is a conclusive right unlike a title as a means to possession or property.

Murder vs Homicide

What Is The Difference Between Law And Act

Attorney-Lawyer Difference

What Is The Difference Between Agreement And Contract