Legal Opinion

State v. Robinson

Supreme Court of Louisiana

Decided October 15, 1888No. 230PublishedCited by 6 opinions

PPEAL from tiie Tenth Judicial District, Parish of Red River. j Rail, J. 1. A general verdict operates as a conviction upon all the well charged counts of an indictment. Bish. Cr. Pr., sec. 1005; Prazier vs. State, 5 Misso., 536; People vs. Magallows, 15 Cal., 426 ; 49 Barb., 122. 2. Better practice is to make one sentence begin to run where the other ends. Bish. Grim.

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PPEAL from tiie Tenth Judicial District, Parish of Red River. j Rail, J. 1. A general verdict operates as a conviction upon all the well charged counts of an indictment. Bish. Cr. Pr., sec. 1005; Prazier vs. State, 5 Misso., 536; People vs. Magallows, 15 Cal., 426 ; 49 Barb., 122. 2. Better practice is to make one sentence begin to run where the other ends. Bish. Grim. Pr., sec. 1327, and authorities noted. 3. A general verdict upon an indictment charging burglary and larceny in separate counts will authorize a separate sentence on each count.

1Opinion of the Court

The opinion of the Court was delivered by

Watkins, J.

The accused is charged in the indictment with burglary and larceny, in separate counts, and to the charge, in general terms, pleaded guilty. Thereupon the trial judge sentenced him to seven years’ imprisonment for the commission of the burglary, and one year, in addition, for the commission of the larceny — the latter sentence to begin at the expiration of the former. From the judgment and sentence the accused appeals, and assigns as error that the judgment and sentence is contrary to law. The argument of his counsel is that, under a general…

2Cited by6 opinions

  1. Howard v. United StatesCourt of Appeals for the Sixth Circuit · 1896
  2. In re WalshNebraska Supreme Court · 1893
  3. State v. DessellesSupreme Court of Louisiana · 1922
  4. State v. HatawaySupreme Court of Louisiana · 1923
  5. State v. CarriereSupreme Court of Louisiana · 1911

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