Legal Opinion

State v. Johnson

Supreme Court of Louisiana

Decided June 15, 1883No. 1080PublishedCited by 8 opinions

APPEAL from the Twelfth District CAurfc, Parish of Grant. Bar-bin, J. 1. Robbery is not prescribed by one year. R. S. § 2814. 2. The terms “against the pence and dignity of the St ite” and “against the peace and dignity of the same,” in an indictment, are equivalents, and may be used indiscriminately. 3. A confession of a co-dofendant may be used in evideno) against boih the accused, when evidence has gone to the jury that they had acted, in the perpetration of the crime,…

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APPEAL from the Twelfth District CAurfc, Parish of Grant. Bar-bin, J. 1. Robbery is not prescribed by one year. R. S. § 2814. 2. The terms “against the pence and dignity of the St ite” and “against the peace and dignity of the same,” in an indictment, are equivalents, and may be used indiscriminately. 3. A confession of a co-dofendant may be used in evideno) against boih the accused, when evidence has gone to the jury that they had acted, in the perpetration of the crime, together. 4. The indictment may be amended as to time, when there is a variance between the time laid and that proved,…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

James Johnson and Richmond Harris were jointly indicted for burglary. Johnson escaped. Harris was tried alone and was convicted of larceny, from which conviction he appeals.

1. It is difficult to treat seriously the earnest argument in support of the motion to quash the indictment, on the ground that it concludes with the words “ against the peace and dignity of the State,” instead of those “ against the peace and dignity of the saíne,” used in Art. 86 of the Constitution. Obviously, the antecedent to which the words “ the same,” as employed…

2Cited by8 opinions

  1. State v. McGrawSupreme Court of Louisiana · 1979
  2. State v. SharbinoSupreme Court of Louisiana · 1940
  3. State v. HardawaySupreme Court of Louisiana · 1898
  4. State v. StoverSupreme Court of Louisiana · 1903
  5. State v. EiserlohSupreme Court of Louisiana · 1931

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