State v. Exnicios
Supreme Court of Louisiana
APPEAL from the Criminal District Court, parish of Orleans. Luzenberg, J. First — Act No 42 of the State of Louisiana, passed in the year 1871, under which this prosecution is based, is unconstitutional, because it does not express its objects in its title. Second — That if said act be declared constitutional, it is not applicable to accused, hence, any conviction under said act is null and void.
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APPEAL from the Criminal District Court, parish of Orleans. Luzenberg, J. First — Act No 42 of the State of Louisiana, passed in the year 1871, under which this prosecution is based, is unconstitutional, because it does not express its objects in its title. Second — That if said act be declared constitutional, it is not applicable to accused, hence, any conviction under said act is null and void. First — The constitutional provision directing and requiring that the object or objects of the statute shall be expressed in the title, does not require that all the details and provisions of the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The only errors assigned in this case appear from a motion in arrest of judgment; made in behalf of defendant, on the following grounds, viz:
First. That act No. 42 of 1871 is unconstitutional because said act does not contain in its title the object of said act, nor does its title mention or attach any responsibility to clerks whose duties are ministerial.
Second. That defendant was not an officer known to the law, and charged by law with the collection of taxes.
> Third. That defendant was only a clerk employed by the Administrator of Finance…
2Cited by7 opinions
- Stewart v. StanleySupreme Court of Louisiana · 1941
- Peck v. City of New OrleansSupreme Court of Louisiana · 1941
- Commonwealth v. BurnsSuperior Court of Pennsylvania · 1962
- State v. BeelingSupreme Court of Louisiana · 1930
- Estate of Sassinot v. DemourelleLouisiana Court of Appeal · 1924
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