State v. Dreaux

HIGGINS, Justice.

The defendant filed a motion to set aside the alleged illegal sentence imposed upon him by the district judge as a second offender, under the provisions of Act 15 of 1928, on the ground that at the time he was sentenced Act 45 of 1942, which expressly repealed Act 15 of 1928, was in effect and governed the case.

The trial judge, after a hearing, denied the motion and dismissed the rule. The defendant then reserved a bill of exception and appealed to -this court.

The answer to the question as to which of these two statutes is applicable here depends upon the date the defendant…