State v. Sonnier
Supreme Court of Louisiana
APPEAL from the Thirteenth District Court, Parish of St. Landry. Hudspeth, J. 1. “If the offense be statutory it is indispensable to describe it, if not in the letter, at least in the spirit of the statute oreating the offense. The substance must be rigidly given.” Yoorhies Crim. Jur. p. 388, no. 69, 70, 72; same book. p. 387, no. 67^ ,68; Wharton Crim. Prac. and Plead (8feh ed.) §§ 152,153, 154,163, 166; 5 Ann. 324: Bishop Grim.
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APPEAL from the Thirteenth District Court, Parish of St. Landry. Hudspeth, J. 1. “If the offense be statutory it is indispensable to describe it, if not in the letter, at least in the spirit of the statute oreating the offense. The substance must be rigidly given.” Yoorhies Crim. Jur. p. 388, no. 69, 70, 72; same book. p. 387, no. 67^ ,68; Wharton Crim. Prac. and Plead (8feh ed.) §§ 152,153, 154,163, 166; 5 Ann. 324: Bishop Grim. Proc. § 360 and notes, § 362 and notes, §§ 268, 277. 2. An information framed under See. 793, R. S. of Louisiana, whi«b does not aver that the assault was made with…
1Opinion of the Court
The'opinion of the Court was delivered by
Pochb. J.
Defendant appeals from a conviction of an assault with intent to kill, under section 793 of the Revised Statutes, and from a ■sentence of imprisonment and a fine exceeding three hundred dollars.
Tiis complaint, by means of a motion in arrest of judgment, presents two questions:
1st. The alleged defect of the information in this, that it does not qualify the assault, or the intent as felonious.
2d. The fatal omission of the words, “ in the peace of the State then being.”
1st. A serious doubt may exist as to the nature of the offense denounced by…
2Cited by2 opinions
- State v. ColemanSupreme Court of Louisiana · 1903
- State v. FontenotSupreme Court of Louisiana · 1926