Terms Used In Louisiana Code of Criminal Procedure 912

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.

A.  Only a final judgment or ruling is appealable.

B.  The state cannot appeal from a verdict of acquittal.  Adverse judgments or rulings from which the state may appeal include, but are not limited to, judgments or rulings on:

(1)  A motion to quash an indictment or any count thereof;

(2)  A plea of time limitation;

(3)  A plea of double jeopardy;

(4)  A motion in arrest of judgment;

(5)  A motion to change the venue;

(6)  A motion to recuse; and

(7)  Repealed by Acts 1968, No. 146, §1.

C.  The judgments or rulings from which the defendant may appeal include, but are not limited to:

(1)  A judgment which imposes sentence;

(2)  A ruling upon a motion by the state declaring the present insanity of the defendant; and

(3)  Repealed by Acts 1968, No. 146, §1.

Amended by Acts 1968, No. 146, §1.