Legal Opinion
State v. Martin
Supreme Court of Louisiana
Decided December 1, 1913No. 20,263PublishedCited by 3 opinions
Appeal from the Nineteenth Judicial District Court, Parish of St. Martin; James Simon, Judge. An indictment charging Dan P. Martin with violating the Dual Office Act was quashed, and the State appeals.
1Opinion of the Court
Statement of the Case.
MONROE, J.
The state prosecutes this appeal from a judgment quashing an indictment which charges that defendant—
“unlawfully and willfully, at the same time, did hold and occupy the offices of member of the school directors of St. Martin parish, and, also, that of mayor of Arnaudville, being two offices of trust and emolument, and thereby violating the -dual office act.”
The motion to quash alleges:
“That Act 13 of 1912 [commonly known as the dual office holding law] is unconstitutional, null, and void, because it does not comply with, and is contrary to, articles 31 and 33…
2Cases cited2 opinions
- State v. TaylorSupreme Court of Louisiana · 1892
- State v. NewhouseSupreme Court of Louisiana · 1877
3Cited by3 opinions
- State v. JosephSupreme Court of Louisiana · 1918
- State ex rel. White v. MasonLouisiana Court of Appeal · 1931
- State v. PhenixSupreme Court of Louisiana · 1914