No. 38240. Precedential Processed

State v. Owens.

Louisiana Supreme Court · Filed November 12, 1946 · 28 So. 2d 337

Cited by

State v. Smalling 125 So. 2d 409 La. 1960
State v. Scott 78 So. 2d 832 La. 1955
State v. Jones 57 So. 2d 689 La. 1952
State v. Clark 57 So. 2d 904 La. 1952
State v. Woods 55 So. 2d 902 La. 1951
State v. Mathe 53 So. 2d 802 La. 1951
State v. McDonald 48 So. 2d 797 La. 1950
State v. Honeycutt 49 So. 2d 610 La. 1950
State v. Roy 47 So. 2d 915 La. 1950
City of Natchitoches v. Rachal 47 So. 2d 477 La. 1950
State v. Cummings 47 So. 2d 41 La. 1950

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Snowden 174 La. 156
State v. Early 183 La. 664
State v. Schimpf 203 La. 839
State v. Monsour 205 La. 272

Opinion text

FOURNET, Justice. The defendant, Rufus Owens, reserved •several bills of exceptions during the •course of his trial, but having failed to present them to the trial judge for his signature and action prior to his appeal, there are no valid.bills before this court and, consequently, nothing for us to review since there are no errors patent or the face of the record. See Articles 499, .542, and 545 of the Code of Criminal Procedure; State v. Snowden, 174 La. 156 , 140 So. 9 ; State v. Early, 183 La. 664 , 164 So. 620 . The contention that “since there is no State Statute prohibiting the keeping of intoxicating liquors for sale and the indictment does not allege the violation of an ordinance * * * the indictment is fatally defective,” and there is, therefore, an error patent on the face of the record, is without merit. A mere reading of the indictment will show that the defendant was not charged or prosecuted under an ordinance of the police jury, but, instead, under Act No. 15 of 1934, Section 13 of which provides that “Whoever shall sell or keep for sale any intoxicating liquors for beverage purposes, in any parish, locality, ward, city, town or village of this State, where the sale of intoxicating liquors is prohibited by law or ordinance shall, on conviction, be punished by fine * * * or imprisonment * * *.” See State v. Schimpf, 203 La. 839 , 14 So.2d 677 ; State v. Monsour, 205 La. 272 , 17 So.2d 307 . The conviction and sentence are affirmed.