State v. Hertzog
Supreme Court of Louisiana
APPEAL from tlie Tenth District Court, Parish of Red River. ■ Hall, J. 1. Tho general rule is that two or more distinct substantive offenses may he charged in seperate courts of the same indictment if they are of the same general nature, description and character.
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APPEAL from tlie Tenth District Court, Parish of Red River. ■ Hall, J. 1. Tho general rule is that two or more distinct substantive offenses may he charged in seperate courts of the same indictment if they are of the same general nature, description and character. State vs. Crosby, 4 Ann. 434; State vs. Depass, 31 Ann. 487 ; State vs. Gilkie, 35 Ann. 53 • State vs. Green, 37 Ann. 382. 2. An indictment charging in separate courts cutting with intent to murder and wounding less than mayhem is not bad for duplicity. State vs. Green, 37 Ann. 382; State vs-Pierce, 38 Ann. 91; State vs McDonald, 39…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Fenner, J.
The prisoner was indicted under Section 794, Revised Statutes, as amended in 1888, and which reads as follows:
“ Whoever shall wilfully and maliciously with a dangerous weapon, or with intent to kill, inflict a wound less than mayhem upon another person, shall on conviction be imprisoned not exceeding two years, with or without hard labor, and fined not exceeding $1000.”
It is now perfectly settled that this statute defines two distinct offenses, viz : (1.) Inflicting a wound less than mayhem with a dangerous weapon; (2.) inflicting a like…
2Cases cited2 opinions
- State v. KennedyLouisiana Court of Errors and Appeals · 1845
- State v. MixLouisiana Court of Errors and Appeals · 1844
3Cited by4 opinions
- State v. MinesSupreme Court of Louisiana · 1915
- State v. VaughanWest Virginia Supreme Court · 1923
- State v. HebertSupreme Court of Louisiana · 1926
- United States v. StapletonCourt of Appeals for the Fifth Circuit · 2006