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Terms Used In Louisiana Code of Criminal Procedure 592

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

When a defendant pleads not guilty and is tried by jury, jeopardy begins when the jury panel is sworn pursuant to Article 790.  When a defendant pleads not guilty, and is tried without a jury, jeopardy begins when the first witness is sworn at the trial on the merits.  When a defendant pleads guilty, jeopardy begins when a valid sentence is imposed.

Acts 1990, No. 525, §1.