No. 25139 Precedential Conviction and sentence set aside, and case remanded. Processed

State v. Larrivierre

Louisiana Supreme Court · Filed May 1, 1922 · 91 So. 778

Cited by

State v. Broussard 12 So. 2d 218 La. 1942
State v. Laborde 11 So. 2d 404 La. 1942
State v. Smith 106 So. 301 La. 1925
State v. Roy 104 So. 112 La. 1925
State v. Larrivierre 94 So. 908 La. 1922

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Doucet 136 La. 180
State v. Brackin 113 La. 879
State v. Stewart 45 La. Ann. 1164
State v. Preston 107 La. 521
State v. Hunter 43 La. Ann. 157

Opinion text

DAWKINS, J. Defendant was charged and convicted of selling and having in his possession intoxicating liquors, in violation of Act No. 39 of the extra session of the Legislature of 1921, known as the Hood Bill. After waiving arraignment and pleading not guilty, the lower court permitted him to withdraw his said plea for the purpose of entertaining a motion to quash the bill of information upon certain grounds covered in other bills of exceptions. He was never re-arraigned. His counsel has filed in this court an assignment of errors calling our attention to this matter as patent on the face of the record. From this it appears no issue was joined below, and the conviction and sentence will have to be set aside. State v. Doucet, 136 La. 180 , 66 South. 772 ; State v. Brackin, 113 La. 879 , 37 South. 863 ; State v. Stewart, 45 La. Ann. 1164 , 14 South. 143 ; State v. Preston, 107 La. 521 , 32 South. 67 ; State v. Hunter, 43 La. Ann. 157 , 8 South. 624 . We therefore find it unnecessary to pass upon the bills of exception. For the reasons assigned, the conviction and sentence are set aside, and this case is remanded, to be further proceeded with according to law. *