Legal Opinion
State v. Elliott
Supreme Court of Louisiana
Decided October 18, 1915No. 21577Published
Appeal from Thirtieth Judicial District Court, Parish of La Salle; George Wear, Judge. Cary Elliott and E. B. Randall were convicted of retailing intoxicating liquors without a license, and appeal.
1Opinion
On Rehearing.
LAND, J.
[2] In State v. Green, 127 La. 832, 54 South. 45, this court said:
“But, while time is not of the essence, so far as fixing a date in the indictment is concerned, it is of the essence so far as letting the defendant know at some stage or other of the trial what particular offense he is Being called upon to answer. Therefore, by offering evidence of a sale made on the l8th of August, the prosecution committed itself to the sale of that date as being the one for which the -defendant was prosecuted. And, this being so, it was error to allow evidence of a sale made on a…
2Cases cited1 opinion
- State v. GreenSupreme Court of Louisiana · 1911