Citation. Burch v. Louisiana, 441 U.S. 130, 99 S. Ct. 1623, 60 L. Ed. 2d 96, 1979)
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Brief Fact Summary.
Petitioners were convicted on obscenity charges by a six-person jury that was not unanimous.
Synopsis of Rule of Law.
“[T]hat conviction by a nonunanimous six-member jury in a state criminal trial for a nonpetty offense deprives an accused of his constitutional right to trial by jury.”
Petitioners Burch and a Louisiana corporation were jointly charged for the exhibition of two obscene motion pictures. Under Louisiana statute, the petitioners were convicted by a six-person jury that was not unanimous. Five persons voted for conviction.
“[W]hether conviction by a nonunanimous six-person jury in a state criminal trial for a nonpetty offense as contemplated by.