No. 52663 Precedential Processed

Cardon v. Dauterive

Louisiana Supreme Court · Filed July 19, 1972 · 265 So. 2d 240

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Opinion text

BARHAM, J., concurs. The result reached by the Court of Appeal is correct, but Crothers v. Jones, 239 La. 800 , 120 So.2d 248 is not distinguishable in law from the present case. However, in my opinion the holding in that case is in error. “[Cjonvicted of any crime which *969 may be punishable by imprisonment in the penitentiary” in former Art. 8, Section 6, La. Constitution — should have been construed to mean any conviction in any court in any state which is also a felony in Louisiana, i. e. punishable by imprisonment at hard labor, “the penitentiary.”