State v. Richart
Supreme Court of Louisiana
Appeal from Eighteenth Judicial District Ciourt, Parish of Acadia; W. P. Campbell, Judge. B. A. Riehart was indicted for misdemean- or, and the indictment was quashed. The State appeals.
1Opinion of the CourtLand, J.
Defendant was indicted for selling property at public auction, without being a regularly licensed auctioneer, and without authority of law, in contravention of section 344 of the Revised Statutes of 1870.
The defendant moved to quash the indictment, on the ground that the facts alleged therein do not constitute a criminal offense under the laws of Louisiana, or, in other words, that the liability of defendant under said section is to be enforced by suit, and not by criminal prosecution. The motion to quash was sustained, and the state has appealed.
The section in question reads as follows, to…
2Cited by2 opinions
- National Grocer Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- State v. JonesSupreme Court of Louisiana · 1911