State v. Richards
Supreme Court of Louisiana
APPEAL from the Ninth Judicial District Court, parish of Tensas. Hough, J. First — It is immaterial whether the exact language of the statute be used or not, so the accused he informed of the exact nature of the charge against him. All unnecessary allegations will he considered as surplusage. Arch. Crim. P. and P., vol. 2, p. 14; Sec. 394; Wharton’s Crim.
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APPEAL from the Ninth Judicial District Court, parish of Tensas. Hough, J. First — It is immaterial whether the exact language of the statute be used or not, so the accused he informed of the exact nature of the charge against him. All unnecessary allegations will he considered as surplusage. Arch. Crim. P. and P., vol. 2, p. 14; Sec. 394; Wharton’s Crim. Law; Bishop on Criminal Procedure, vol 1, Sec. 478. Second — Cumulated charges in a statute may be cumulated in a count of an indictment or information, and if all the cumulated charges he proved, there is hut one offense committed.…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendant is appellant from a sentence condemning him to six months imprisonment at hard labor in the penitentiary.
The information on which he was tried, charges that the accused “ did, with a dangerous weapon, to wit, a knife, and with intent to kill, feloniously assault one Allen Parker, and did inflict wounds less than mayhem upon the person of him, the said Allen Parker.”
The section of the Revised Statutes on which this prosecution was instituted (Sec. 794) reads as follows : “ Whoever shall with a dangerous weapon, or intent to kill,…
2Cited by3 opinions
- State v. BarnetteSupreme Court of Louisiana · 1916
- State v. BreauxSupreme Court of Louisiana · 1908
- State v. ThompsonSupreme Court of Louisiana · 1899