Cited by
Opinions in Louisiana that cite State v. Varnado, 23 So. 2d 106.
-
Knights of Columbus, Chapter 2409 v. La. Dept. of Pub. Saf. & Corrections, Div. of State Police
548 So. 2d 936
La. 1989
954 , (1946); , (1945) (both upholding former Criminal Code art. 90, now La.R.S.
-
State v. Griffin
495 So. 2d 1306
La. 1986
14:90, which prohibits "Gambling," , (1944), this Court has not previously considered the constitutionality of La.R.S.
-
State v. Gainey
376 So. 2d 1240
La. 1979
1082 , (1955); , (1945).
-
City of New Orleans v. Owen
355 So. 2d 1297
La. 1978
333 , (1965); , (1945); State v. Hebert, 205 La.
-
State v. Ford
349 So. 2d 300
La. 1977
397 , (1972) , (1945) for the proposition that, when a statute "characterizes the offense in general or generic terms, an indictment or information charging the offense in the words of the statute is insufficient and the specific facts upon which the charge is based must be set out."
-
State v. Comeaux
319 So. 2d 897
La. 1975
415 , (1948); , (1944); State v. Pete, 206 La.
-
State v. Heck
307 So. 2d 332
La. 1975
415 , (1948); , (1944); State v. Pete, 206 La.
-
State v. Smith
275 So. 2d 733
La. 1973
368 , (1948); , (1945) (gambling); State v. Fazzio, 208 La.
- State v. Spina 259 So. 2d 891 La. 1972
-
State v. Henry
198 So. 2d 889
La. 1967
1082 , , citing State v. Varnado (on rehearing), , and other authorities.” Although the Varnado decision (cited in the foregoing quotation) was not relied on by this defendant, a member of this court suggested during oral argument that it might be applicable here.
- State v. Fitzgerald 179 So. 2d 906 La. 1965
- State v. Cloud 176 So. 2d 620 La. 1965
-
State v. Bertrand
170 So. 2d 386
La. 1964
110 , ; State v. Varnado, (on rehearing) , ; State v. Truby, 211 La.
-
State v. Odom
169 So. 2d 909
La. 1964
1082 , , citing State v. Varnado (on rehearing) , and other authorities.
-
State v. Wiener
161 So. 2d 755
La. 1964
472 , ; , ; 9 La.Law Review 247-248; 10 La.Law Review 198-202; and 22 Tulane Law Review 653-656.
- State v. Thomas 158 So. 2d 606 La. 1963
-
State v. Ford
159 So. 2d 129
La. 1963
63 ; , ; State v. Roth, 224 La.
-
State v. Smith
146 So. 2d 152
La. 1962
666 ; , ; State v. Blanchard, 226 La.
-
Vaughan v. Dowling
144 So. 2d 371
La. 1962
In the recent case of State v. Varnado Blackwell, La.Sup., [ ,] (rehearing refused June 5, 1945), it was held that Article 90 of the Criminal Code is not vague in its definition of gambling.” We believe that our findings, supra, and the jurisprudence we have cited and quoted, set forth the general characteristics of a “Slot Machine” reprobated by LSA-R.S.
-
State v. McCrory
112 So. 2d 432
La. 1959
56 , ; , ; State v. Pizzolotto, 209 La.
-
Louisiana State Board of Medical Examiners v. Boisvert
103 So. 2d 507
La. Ct. App. 3d Cir. 1958
It follows that defendant’s exception was properly overruled.” Counsel for appellant relies upon State v. Varnado, 1944-1945, , as authority for holding plaintiff’s petition fails to set forth a valid cause of action.
-
State v. Kershaw
100 So. 2d 873
La. 1958
(on Rehearing), ; State v. Straughan, 229 La.
-
State v. Green
93 So. 2d 657
La. 1957
110 , ; , ; State v. Pettifield, 210 La.
-
State v. Straughan
87 So. 2d 523
La. 1956
859 , ; , ; State v. Pettifield, 210 La.
- State v. McQueen 87 So. 2d 727 La. 1955
-
State v. Dabbs
84 So. 2d 601
La. 1955
at page 380, , at page 126, which in part is as follows: ««* * * The office 0f a bill of particulars is to supply the accused and the court additional information concerning an accusation that the defendant has committed an act or acts constituting a criminal offense.
-
State v. Blanchard
78 So. 2d 181
La. 1955
State v. Varnado, on rehearing, , .
-
State v. Scheuering
76 So. 2d 921
La. 1954
56 , ; , , and authorities therein cited.
-
State v. Scheuering
76 So. 2d 921
La. 1954
56 , ; , , and authorities therein cited.
-
State v. Kelley
73 So. 2d 437
La. 1954
on rehearing, in discussing the charge this Court said: “Thus it may be seen that the district attorney, in drawing up this bill of information, has used the general words of the statute, the only difference being the use of the conjunctive ‘and’ where the disjunctive ‘or’ is .used in the st
-
State v. Richardson
56 So. 2d 568
La. 1951
and other authorities cited and relied upon by relator are not pertinent or controlling in the instant case.
- State v. Simpson 43 So. 2d 585 La. 1949
- State v. Davis 39 So. 2d 164 La. 1949
-
State v. Truby
29 So. 2d 758
La. 1947
1078 , ; State v. Varnado, 1945, , .
- State v. Clark 24 So. 2d 72 La. 1945
-
State v. Davis
23 So. 2d 801
La. 1945
ncur in the conclusion reached in the majority opinion that gambling as defined in Article 90 of the Louisiana Criminal Code is neither vague nor unconstitutional for the reasons urged in the several motions and pleas filed by the defendant, all ■of which have been previously adjudicated upon by this court in the .cases of State v. Pete, 206 La, 1078, , and State v. Varnado, La.Sup., , both of which decisions I had the privilege of writing, but I cannot subscribe to the conclusion reached in the