Cited by
Opinions in Louisiana that cite State v. Vallery, 34 So. 2d 329.
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Brittany Nicole Howe, Individually and as Natural Tutrix of Grayson Konrad, a Minor v. Samantha Gafford and the …
La. 2024
Const. art. II, § 2; (1948).
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In Re: Kristen Nicole Dennis and Jessica Falcon Dennis Applying for Intrafamily Adoption of J.K.D.
La. Ct. App. 2d Cir. 2024
The[y] cannot, under the guise of interpretation, assume legislative functions.” 34 So.
- Explained State v. Jones 983 So. 2d 95 La. 2008
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Tullier v. Tullier
464 So. 2d 278
La. 1985
486 , (1957); , (1948); Pfister v. St.
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State v. Dardar
241 So. 2d 905
La. 1970
178 , ; , ; State v. Viator, 229 La.
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City of Natchitoches v. State
221 So. 2d 534
La. Ct. App. 3d Cir. 1969
2d 758 (1947); , (1948).
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State v. Willis
221 So. 2d 39
La. 1969
of 1921].” In sustaining the motion, the trial court stated: “ , , involving the same statute and section which read ‘Perform any immoral act’.
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State v. Fulmer
193 So. 2d 774
La. 1967
14:92 as originally enacted in 1942 2 , , on the ground that the word “immoral” as used in Section 7 thereof, denouncing the crime of contributing to the delinquency of a juvenile, has a meaning of such vagueness, indefiniteness and uncertainty it does not define the type of action sought to be denounced, leaving it to each court to determine
- State v. Cloud 176 So. 2d 620 La. 1965
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State v. Wiener
161 So. 2d 755
La. 1964
95 , ; , ; State v. Truby, 211 La.
- State v. Deutch 161 So. 2d 730 La. 1964
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State v. Hertzog
131 So. 2d 788
La. 1961
620 (indecent *789 assault), , (performance of an immoral act), and State v. Kraft, 214 La.
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State v. Murtes
94 So. 2d 446
La. 1957
In the Truby case, supra, the legislative act therein involved was declared unconstitutional because of the vagueness of the words “immoral purpose.” In the Vallery case, , , the legislative act therein involved was declared unconstitutional in that the word “immoral” did not have a fixed and definite meaning.
- State v. Viator 87 So. 2d 115 La. 1956
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State v. Viator
87 So. 2d 115
La. 1956
18 .’ ” *885 “ ‘Unless an act can be brought within the meaning of the words of a criminal statute, it is not a crime, though it comes within the mischief sought to be remedied, and *887 , 34 So.
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State v. Arkansas Louisiana Gas Company
78 So. 2d 825
La. 1955
12 In the Reese case, the Supreme Court of the United States pointed out: “It would certainly be dangerous if the Legislature could set a net large enough to catch all possible offenders and leave it to the courts to step inside and say who could be rightfully detained and who should be set at large.” , , this Court held: “Courts can do no more than interpret and construe statutes.
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State v. Roth
74 So. 2d 392
La. 1954
351 , ; , and State v. Truby, 211 La.
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City of Shreveport v. Brewer
72 So. 2d 308
La. 1954
In the *97 , , wherein a person was convicted of the crime of contributing to the delinquency of a juvenile, defined under Section 7 of Article 92 of the Criminal Code, LSA-R.S.
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State v. Shourds
71 So. 2d 340
La. 1954
178 , ; , and State v. Kraft, 214 La.
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State v. MacK
71 So. 2d 315
La. 1954
State v. Gardner, 151 La.
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State v. Penniman
68 So. 2d 770
La. 1953
178 , , wherein we refused to supply the definition of “immoral purposes,” omitted by the legislature in denouncing as a crime the keeping *100 of a disorderly place for immoral purposes; , , wherein we refused to supply the omitted •definition of “immoral acts,” in the denounced crime of contributing to the delinquency of juveniles; and State v. Kraft, 214 La.
- State v. Kraft 37 So. 2d 815 La. 1948
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State v. Stewart
37 So. 2d 820
La. 1948
veniles is the intentional enticing, -aiding, or permitting, by anyone over the age .of seventeen, of any child under the age of seventeen to: * * •* * # * “(7) Perform any immoral act; * * *.” In this court, to quote from its brief, the State presents only the following argument : “Since the trial and sentence in this proceeding, the Supreme Court of Louisiana, in the case of State v. Vallery, [ ], (1948), has held Section 7 of Article 92 [of the Louisiana Criminal Code] to be unconstitutional.