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Criminal Procedure Keyed to Ohlin
Duncan v. Louisiana
Citation:391 U.S. 145 (1968)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Appellant was 19 years of age when tried. While driving on Highway 23 on October 18, 1966, he saw two younger cousins engaged in a conversation by the side of the road with four white boys. Knowing his cousins, Negroes who had recently transferred to a formerly all-white high school, had reported the occurrence of racial incidents at the school, Duncan stopped the car, got out, and approached the six boys. At trial, the white boys testified as did appellant. The testimony was in dispute, but the witnesses agreed that appellant and the white boys spoke to each other, that appellant encouraged his cousins to break off the encounter and enter his car. The whites testified that just before getting in the car appellant slapped Herman Landry, one of the white boys. The Negroes testified that appellant merely touched him. The trial judge concluded that the State had proved beyond a reasonable doubt that Duncan had committed simple battery.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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