State v. Johnson

*337On Rehearing

The object of a criminal prosecution is not to convict; neither is it to acquit. The accused is entitled to a fair trial accompanied by due process and equal protection of the law — be he saint or sinner.

This case should have been considered in the light of the charges made, the peculiar set of facts and the applicable law. The charge was the possession of marihuana, denounced as a crime under LSA-R.S. 40:962, which reads:

“It is unlawful for any person to * * * possess * * * any narcotic drug * *

A motion was filed by the defendant for a Bill of Particulars, and in Answer the State…