Legal Opinion
State v. Restiva
Supreme Court of Louisiana
Decided May 30, 1921No. 24623PublishedCited by 3 opinions
Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; R. S. Ellis, Judge. Mariane Restiva was indicted for mui-der, and a demurrer to the indictment was sustained, and the State appeals.
1Opinion of the CourtProvosty, J.
A demurrer was sustained below to the indictment reading that the accused “willfully and feloniously and with malaee aforethought did kill and murder,” etc. The defects consist in the omission of the word “his” before “malice” and in the use of the word “malaee” instead of “malice”; both fatal. Marr’s Crim. Juris, p. 55.
Judgment affirmed.
MONROE, C. J., concurs in decree for the reason that the word “malice” does not appear in the indictment.
2Cited by3 opinions
- State v. FosterSupreme Court of Louisiana · 1927
- State v. IseringhausenSupreme Court of Louisiana · 1943
- State v. LaFleurSupreme Court of Louisiana · 1971