State v. Brewer

Judge Martin correctly states the law hi the case of the State v. Johnson, 12 La. 552, thus: “When an act, creating an offense, is repealed, even after judgment in the inferior court, the judgment must be reversed, if it has not been affirmed before the repeal. The reason is, that a legislative pardon is presumed to have been intended.'1

In the cases of the State v. King, and the State v. Kiltz, this principle of jurisprudence was recognized; and in these cases the court hold that the repeal of a penal statute, pending a prosecution under it, without a saving clause, puts an end to the…