Legal Opinion

State v. Farrell

Supreme Court of Louisiana

Decided February 26, 1912No. 19,162PublishedCited by 3 opinions

Appeal from Criminal District Court, Parish of Orleans; Frank D. Chretien, Judge. William J. Farrell was indicted for receiving pay for services hot actually rendered to a city, and appeals. From a judgment sustaining a demurrer to the indictment, the state appeals.

1Opinion of the CourtBreaux, C. J.

The defendant was indicted on the charge of having had his name entered on the city pay roll as one of its employés and with having received $30 for services, although no services were performed by him.

In other words, the indictment charged defendant with having obtained money without *229personally having rendered service therefor.

While the able and learned district attorney did only that which was his duty in drawing the indictment, we, as interpreters of the law, have to ascertain whether the act can be given sufficient effect to sustain the indictment.

The defendant was indicted under Act 155…

2Cases cited1 opinion

  1. Cox v. Hope Shingle & Lumber Co.Supreme Court of Louisiana · 1912

3Cited by3 opinions

  1. Saint v. IrionSupreme Court of Louisiana · 1928
  2. State v. MathenySupreme Court of Louisiana · 1940
  3. People v. DallyNew York Supreme Court · 1941

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