State v. Devine
Supreme Court of Louisiana
ON APPEAL from the Criminal District Court for the Parish of Orleans. Baber, J. Statement op tiie Case. Defendant was convicted of robbery and sentenced to imprisonment in the State penitentiary at hard labbor, for seven years, and to pay the costs of the prosecution, and he has appealed. .Iliscounsel relies, here, upon a motion, to quash the information, filed in the lower court, upon the grounds, that “the information is not sufficient in law-, and (hat he is not bound by…
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ON APPEAL from the Criminal District Court for the Parish of Orleans. Baber, J. Statement op tiie Case. Defendant was convicted of robbery and sentenced to imprisonment in the State penitentiary at hard labbor, for seven years, and to pay the costs of the prosecution, and he has appealed. .Iliscounsel relies, here, upon a motion, to quash the information, filed in the lower court, upon the grounds, that “the information is not sufficient in law-, and (hat he is not bound by the law' of the land to answer-same. * * * That the said information is null and void, and no effect, because it…
1Opinion of the Court
I
Monroe, J.,
after stating the case, delivered the opinion of the .court.
The grounds upon which the motion to quash rests, are not well taken. The information contains all the averments necessary to charge the statutory crime of robbery, within the intendment of Section 810 of the Revised Statutes. State vs. Corbes, 47 Ann., 1587.
As to the suggestion that there are two distinct offences charged in one count, i. e., “assault” and “robbery,” the answer is that the one is included in the other.- Mr. Bishop in his “New Criminal Procedure,” says: “Section 488. Many acts, if together they constitute…
2Cases cited1 opinion
- Kelly v. DolanSupreme Court of New Jersey · 1901
3Cited by2 opinions
- State v. HauserSupreme Court of Louisiana · 1904
- State v. GonzalesSupreme Court of Louisiana · 1931