State v. Smalling

HAMLIN, Justice. This is an appeal by the State of Louisiana from a judgment of the trial court which maintained a motion to quash, annulled, quashed, and set aside a bill of information charging the defendant, a public employee on the staff of the East Baton Rouge Parish School Board, with a violation of LSA-R.S. 14:118, “Public Bribery” (the acceptance of $2,400 from an architect interested in the construction of an elementary school), and discharged the defendant from further proceedings in the matter. Plaintiff reserved a formal bill of exceptions to the trial judge’s ruling. When tendered for his signature, the trial judge refused to sign the bill of exceptions and set forth his reasons in a per curiam, which is the same as his per curiam quoted in Case No. 45,057 this day decided by us, 240 La. 909 , 125 So.2d 407 except that he states that the bribe in question is $2,400 in cash. For the reasons assigned in the case of State v. Smalling, No. 45,057 of the Docket of this Court, 125 So.2d 407 , opinion rendered April 25, 1960, the judgment of the trial court is affirmed. HAMITER and HAWTHORNE, JJ., concur in the decree. FOURNET, C. J., absent.