No. 25353 Precedential Processed

State v. Romero

Louisiana Supreme Court · Filed November 27, 1922 · 94 So. 370

Cited by

State v. Crosby 338 So. 2d 584 La. 1976
State v. Turner 337 So. 2d 1090 La. 1976
State v. Craddock 307 So. 2d 342 La. 1975
State v. Layton 158 So. 375 La. 1934

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Hayes 104 La. 461
State v. Kierson 140 La. 31
State v. Griggsby 117 La. 1046
State v. Nicolosi 128 La. 836

Opinion text

PROVOSTX, C. J. On an information in one count reading: “Did in the nighttime, with the felonious intent to steal, feloniously break and enter the store of one A. M. Churchill contrary,” etc., and in another count reading: “And at the time and place aforesaid, after the commission of the felony aforesaid, did feloniously steal, take, and carry away one typewriter valued at $60, of the goods and chattels of,” etc., the jury brought in a Verdict reading: “Guilty of breaking in the nighttime with intent to steal, and petty larceny.” In a supplemental brief the Attorney General and the district attorney say, “There is no doubt that the verdict herein rendered is defective, and is not one on which sentence may be imposed,” but they contend that the complaint made in this court of said defect by the accused cannot be entertained, because not made below, so as to afford the trial court an opportunity to rule upon it; that this court can act on appeal only upon the rulings of the trial court. Not so. State v. Hayes, 104 La. 461 , 29 South. 22 ; State v. Kierson, 140 La. 31 , 72 South. 799 ; State v. Griggsby, 117 La. 1046 , 42 South. 497 ; State v. Nicolosi, 128 La. 836 , 55 South. 475 . The verdict herein, upon which no sentence can be imposed, is set aside, as also the judgment herein, and the case is remanded for trial. O’NIELL, J., being absent from the state, takes mo part in the decision of this case.