State v. Gendusa

I am of the opinion that the indictment sufficiently charged the defendant with the crime denounced by Revised Statute 850 (Art. 818 of the Louisiana Code of Crim. Procedure). While it is true, in the first part of the paragraph the phrase "break and enter" is used, it will be noted that thereafter only the word "enter" is used or the phrase "breaking or entering" is employed by the legislators in expressing their intent. This being written in the disjunctive, an indictment which charges an unlawful entry with force and arms sufficiently complies with the statute and is valid. There is no…