State v. Rooney
State v. Rooney, 174 So. 348 (La. 1937).
Cited by
- State of Louisiana v. Desmond Dangelo Dugas La. Ct. App. 3d Cir. 2022
- State of Louisiana v. Erick Gail Gragg La. Ct. App. 3d Cir. 2022
- State v. Higginbotham 122 So. 3d 1 La. Ct. App. 2d Cir. 2012
- State v. Howard 847 So. 2d 648 La. Ct. App. 1st Cir. 2003
- State v. Landry 751 So. 2d 214 La. 1999
- State v. Murphy 613 So. 2d 778 La. Ct. App. 1st Cir. 1993
- State v. Lyons 597 So. 2d 593 La. Ct. App. 4th Cir. 1992
- State v. Baker 582 So. 2d 1320 La. Ct. App. 4th Cir. 1991
- State v. Goodbier 367 So. 2d 356 La. 1979
- State v. Jones 351 So. 2d 1194 La. 1977
- State v. Ford 338 So. 2d 107 La. 1976
Opinion text
O’NIELL, Chief Justice. The defendant was convicted of the crime of breaking and entering a store in the nighttime, and was sentenced to a term of imprisonment in the penitentiary. It appears that he was sentenced as a sec *257 ond offender, under the provisions of Act No. 15 of 1928, p. 18, entitled, “An Act In relation to second and subsequent offenders,” etc. The assistant district attorney who prosecuted the case and the attorney for the defendant have filed in this court a joint motion to have the verdict and sentence annulled and set aside and the case remanded to the criminal district court for a new trial. It is alleged in the motion, which is supported by the affidavit of the attorney for the defendant, that the transcript of the testimony taken in relation to the bills of exception reserved by the defendant is so defective and in such condition that it is impossible to present the case intelligently on appeal. Hence it appears to be in the interest of justice that the verdict and sentence should be set aside and the case remanded for a new trial. The verdict and sentence are annulled and set aside and the case is ordered remanded to the criminal district court for a new trial.