Cited by

Opinions in Louisiana that cite State v. Legendre, 362 So. 2d 570.

40 citing documents.

State of Louisiana v. Keith Johnson La. Ct. App. 4th Cir. 2024
The Court stated that an exception “exists where the State has alleged or admitted facts under which a lawful conviction for the charged offense is not possible.” Klump, 2024-00565, p.1, 384 So.3d at 887-888 ( (La.
State Of Louisiana v. Deborah Shirley La. 2024
(pre -trial motion to quash on grounds of a defense going to the merits appropriate remedy only if charges based “upon an allegation of fact which cannot conceivably satisfy an essential element of the crime”).
State Of Louisiana v. Van Hopkins La. 2024
(pre -trial motion to quash on grounds of a defense going to the merits appropriate remedy only if charges based “upon an allegation of fact which cannot conceivably satisfy an essential element of the crime”).
State Of Louisiana v. American Electronic Monitoring, Llc La. 2024
(pre -trial motion to quash on grounds of a defense going to the merits appropriate remedy only if charges based “upon an allegation of fact which cannot conceivably satisfy an essential element of the crime”).
State Of Louisiana v. David Klump La. 2024
State Of Louisiana v. William Robinson La. Ct. App. 1st Cir. 2019
State of Louisiana v. Samson H. Quinton La. Ct. App. 4th Cir. 2019
Schmolke, at p. 3, 108 So.3d at 298, (La.
State of Louisiana v. Colleen Brown La. Ct. App. 4th Cir. 2019
State v. Alexcee 262 So. 3d 949 La. Ct. App. 1st Cir. 2018
See State v. Legendre , , 571 (La.
State v. Daquin 184 So. 3d 724 La. Ct. App. 1st Cir. 2015
a bill of particulars furnished by the State amended the bill of information that charged the defendant with aggravated battery.
State v. Brown 176 So. 3d 761 La. Ct. App. 1st Cir. 2015
A If an indictment fails to charge a valid offense, it is defective and “its invalidity may be declared by a ruling on a motion to quash, for a motion [sto quash may be based on the ground that the indictment fails to charge an offense which is punishable under a valid statute.” Legendre, (1978).
State v. Smith 156 So. 3d 1227 La. Ct. App. 1st Cir. 2014
State v. Trepagnier 154 So. 3d 670 La. Ct. App. 1st Cir. 2014
(quashing of bill of information for aggravated battery proper when state alleged that the dangerous weapon used was a concrete parking lot).
State of Louisiana v. Khanh H. Nguyen La. Ct. App. 3d Cir. 2014
(La.1978 – quashing of bill of information for aggravated battery proper when state alleged that the dangerous weapon used was a concrete parking lot).
State v. Nguyen 150 So. 3d 562 La. Ct. App. 1st Cir. 2014
(La.1978 — quashing of bill of information for aggravated battery proper when state alleged that the dangerous weapon used was a concrete parking lot).
State v. Landry 144 So. 3d 1078 La. Ct. App. 1st Cir. 2014
“[t]he question, then, is whether the indictment charges a valid offense.
State v. Reyer 129 So. 3d 752 La. Ct. App. 1st Cir. 2013
“[t]he question, then, is whether the indictment charges a valid offense.
State v. Hall 127 So. 3d 30 La. Ct. App. 1st Cir. 2013
The Louisiana Supreme Court, however, has also recognized a very narrow exception to the general rule "for cases in which the state cannot establish an essential element of the offense under any set of facts conceivably provable at trial.’’ State v. Advanced Recy *40 cling, Inc., 02-1889, p. 9 (La.4/14/04), ( (La.
State v. Brooks 124 So. 3d 1129 La. Ct. App. 1st Cir. 2013
The Louisiana Supreme Court, however, has also recognized a very narrow exception to the general rule “for cases in which the state cannot establish an essential element of the offense under any set of facts conceivably provable at trial.” State v. Advanced Recycling, Inc., 02-1889, p. 9 (La.4/14/04), ().
State v. Clark 117 So. 3d 1246 La. 2013
(pre-trial motion to quash appropriate remedy if charges are based “upon an allegation of fact which cannot conceivably satisfy an essential element of the crime”).
State v. Guillott 155 So. 3d 551 La. Ct. App. 1st Cir. 2013
State v. Schmolke 108 So. 3d 296 La. Ct. App. 1st Cir. 2013
(denial of motion to quash in aggravated battery case because “[according to the fair import of the words, in their *299 usual sense dangerous weapon does not mean a concrete parking lot.”) Essentially, the inquiry is whether any conceivable set of the facts as alleged in the bill of information togethe
State v. Williams 60 So. 3d 1189 La. 2011
Thus, with respect to the present case, the state had “failed to charge a crime in the manner required by law because Defendant’s statement was not made under oath.” Id., 09-993 at 5, 38 So.3d at 1182 (footnote omitted); (although a motion to quash is ordinarily not a proper vehicle for raising defenses on the merits, “[i]t will not do to base an indictment for a serious offense ...
State v. Fox 43 So. 3d 318 La. Ct. App. 1st Cir. 2010
“[t]he question, then, is whether the indictment charges a valid offense, [footnote omitted] If it does not, it is a defective indictment and its invalidity may be declared by a ruling on a motion to quash, for a motion to quash may be based on the ground that the indictment fails to charge an offense
State of Louisiana v. James Deron Williams La. Ct. App. 3d Cir. 2010
ANALYSIS Louisiana Code of Civil Procedure article 532(1) provides a motion to quash can be used to quash a bill of information that “fails to charge an offense which is punishable under a valid statute.” stated “[t]he question then is whether the indictment charges a valid offense.
State v. Williams 38 So. 3d 1180 La. Ct. App. 1st Cir. 2010
ANALYSIS Louisiana Code of Civil Procedure article 532(1) provides a motion to quash can be used to quash a bill of information that “fails to charge an offense which is punishable under a valid statute.” , stated “[t]he question then is whether the indictment charges a valid offense.
State v. Armstard 991 So. 2d 116 La. Ct. App. 2d Cir. 2008
State v. Advanced Recycling, Inc., 02-1889 (La.4/14/04), ; (quashing of a bill of information for aggravated battery was proper when the state alleged that the dangerous weapon used was a concrete parking lot).
State v. Browning 956 So. 2d 65 La. Ct. App. 5th Cir. 2007
that there should not be an indictment for a serious offense brought upon an allegation of fact which cannot conceivably satisfy an essential element of the crime, is correct and applies to the instant case.
State v. Rivers 942 So. 2d 1176 La. Ct. App. 4th Cir. 2006
"[t]he question, then, is whether the indictment charges a valid offense.
State v. Smith 885 So. 2d 508 La. 2004
(pre-trial motion to quash on grounds of a defense going to the merits appropriate remedy only if charges based "upon an allegation of fact which cannot conceivably satisfy an essential element of the crime").
State v. Advanced Recycling, Inc. 870 So. 2d 984 La. 2004
(quashing of bill of information for aggravated battery proper when state alleged that the dangerous weapon used was a concrete parking lot).
State v. Corbett 879 So. 2d 151 La. Ct. App. 1st Cir. 2004
upon an allegation of fact which cannot conceivably satisfy an essential element of the crime, and compel the accused to withstand the rigors of a jury trial with no expectation that a conviction can be supported by such an allegation.’ ” State v. DeJesus, 642 So.2d at 855 ().
State v. Walker 853 So. 2d 746 La. Ct. App. 2d Cir. 2003
State v. Byrd 708 So. 2d 401 La. 1998
"[t]he question, then, is whether the indictment charges a valid offense.
State v. DeJesus 642 So. 2d 854 La. 1994
State in Interest of JAV 558 So. 2d 214 La. 1990
State v. Berthelot 487 So. 2d 639 La. Ct. App. 1st Cir. 1986
State v. Perez 450 So. 2d 1324 La. Ct. App. 4th Cir. 1984
State v. Huguet 369 So. 2d 1331 La. 1979
: "To have a valid trial it is sacramental that an offense punishable under a valid statute or ordinance be charged.
State v. Marse 365 So. 2d 1319 La. 1978