No. 26927. Precedential Set aside Processed

State v. Roy

Louisiana Supreme Court · Filed January 5, 1925 · 104 So. 112

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Larrivierre 151 La. 399
State v. Domengeaux 151 La. 341
State v. Doucet 136 La. 180
State v. Brackin 113 La. 879
State v. Preston 107 La. 521
32 So. 67 not in our corpus
State v. Stewart 45 La. Ann. 1164
14 So. 143 not in our corpus
State v. Hunter 43 La. Ann. 157
8 So. 624 not in our corpus

Opinion text

On Rehearing. ST. PAUL, J. In our former opinion we overlooked one of the complaints made by relatrix, to wit, that, after she had withdrawn her plea of “not guilty,” in order to file her motion to quash, she toas not rearraigned; as appears on the face of the record. The case not being at issue when tried, the conviction must be set aside. State v. Larrivierre, 151 La. 399 , 91 So. 778 ; State v. Domengeaux, 151 La. 341 , 91 So. 758 ; State v. Doucet, 136 La. 180 , 66 So. 772 ; State v. Brackin, 113 La. 879 , 37 So. 863 ; State v. Preston, 107 La. 521 , 32 So. 67 ; State v. Stewart, 45 La. Ann. 1164 , 14 So. 143 ; State v. Hunter, 43 La. Ann. 157 , 8 So. 624 . Decree. The conviction and sentence are therefore set aside, and the case now remanded for further proceedings according to law.