State v. Phenix
Supreme Court of Louisiana
Appeal from Sixteenth Judicial District Court, Parish of St. Landry; B. H. Pavy, Judge. Andrew Phenix and Drake Taylor were convicted of larceny, and appeal.
1Opinion of the CourtBreaux, C. J.
The information filed charged Andrew Phenix and Drake Taylor with having stolen two hogs valued at $30.
Tried, they were found guilty of larceny. Sentence: The penalty imposed was two years in the state penitentiary.
Defendant appealed.
The bill of information was assailed for the reason that the district attorney accepted the appointment of attorney for the municipality of Grand Coteau in St. Landry, and thereby became functus officio as district attorney. It was charged that by accepting the second office he abandoned the first and became disqualified from acting as district attorney.
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2Cases cited2 opinions
- State v. DucoteSupreme Court of Louisiana · 1891
- State v. MartinSupreme Court of Louisiana · 1913
3Cited by7 opinions
- State v. FacianeSupreme Court of Louisiana · 1957
- Harvey v. RidgewaySupreme Court of Arkansas · 1970
- State v. CookSupreme Court of Louisiana · 1949
- Kirby v. NolteSupreme Court of Missouri · 1942
- State v. JosephSupreme Court of Louisiana · 1918
2 more not listed; retrieve them via the Exa API.