No. 52832 Precedential Processed

State v. Kelly

Louisiana Supreme Court · Filed January 9, 1973 · 271 So. 2d 870

Cited by

State v. Victor 347 So. 2d 205 La. 1977
State v. Chenier 343 So. 2d 177 La. 1977
State v. Jackson 307 So. 2d 604 La. 1975
State v. Owens 301 So. 2d 591 La. 1974
State ex rel. Kelly v. Henderson 295 So. 2d 818 La. 1974
State v. Davis 289 So. 2d 123 La. 1974

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Brent 248 La. 1072

Opinion text

PER CURIAM. The appellant, David Booker Kelly, appeals his conviction of the crime of aggravated burglary (La.R.S. 14:60) and sentence of twenty years at hard labor, on the basis of one bill of exceptions reserved during the trial. In his bill of exceptions, defendant asserts that it was error to allow the prosecuting attorney to question the defendant on cross-examination concerning prior criminal convictions. We find no merit in this bill of exceptions. La.R.S. 15 :495 allows the introduction of evidence as to prior convictions for the purpose of impeaching the credibility of a witness. This Court has held, that, in so doing, only the fact of conviction is admissible and not the details of the prior offenses. State v. Brent, 248 La. 1072 , 184 So.2d 14 (1966). Our review of the record discloses that, in the instant case, the prosecuting attorney kept his questions within these permissible bounds. Neither do we find any merit to defendant’s contention in his brief that the prosecution should have laid a predicate showing that the accused had counsel at the time of his prior conviction. We agree with the state’s answer that the U. S. Supreme Court, in Loper v. Beto, 405 U.S. *871 473 , 92 S.Ct. 1014 , 31 L.Ed.2d 374 (1972) is inapplicable here. Accordingly, the conviction and sentence are affirmed. SUMMERS, J., concurs in the decree. BAKER, J., concurs.