No. 333 Precedential Reversed Processed

State v. Davis

Louisiana Supreme Court · Filed October 15, 1892 · 44 La. Ann. 972

Also decided on this docket: La., July 15, 1872 24 La. Ann. 543; La. Ct. App. 3d Cir., November 29, 1961 136 So. 2d 513

Cited by

State v. Bischoff 84 So. 41 La. 1919

Opinion text

*973 The opinion of the court was delivered by McEnery, J. The defendant was indicted for larceny, convicted and sentenced. He appealed, and has filed the plea cf one year prescription to the prosecution. The indictment charges the offence to have been committed on the - day of 1890. It was found and presented on the 4th August, 1892. The causes for the suspension of prescription are not averred in the indictment. The plea must prevail. Rev. Stat. 986; State vs. Victor, 36 An. 778; State vs. Joseph, 40 An. 5. It is therefore ordered, adjudged and decreed that the verdict and sentence appealed from be annulled, canceled and' reversed, and the defendant discharged.