State v. Roth

There can be no doubt that the bill of information is defective in this case in that it failed to particularly describe the indecent prints, pictures and compositions, which appellant had in his possession, to be obscene, lewd, lascivious, filthy or sexually indecent, as set forth in the amendatory Act 314 of 1950, LSA-R.S. 14:106. However, the question presented for decision is whether appellant is entitled to assert the point for the first time on appeal, in view of Article 253 of the Code of Criminal Procedure, LSA-R.S. 15:253, which declares, in substance, that no conviction shall be set…