BURCH V. LOUISIANA
441 U.S. 130 (1979)
NATURE OF THE CASE: This is an appeal from a guilty verdict given by a nonunanimous jury.
FACTS: The Louisiana (P) Constitution provides that if punishment could be imposed on a
defendant of more than six months, he shall be tried before a jury of six persons, five of
them must concur to render a verdict. Burch (D) was convicted by a nonunanimous six-person
jury. The United States Supreme Court granted certiorari to decide whether conviction by a
nonunanimous six-person jury in a state criminal trial for a nonpetty offense violates the
rights of an accused to trial by jury guaranteed by the 6th and 14th Amendments.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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