State v. Gregory
Supreme Court of Louisiana
APPEAL from Fourth Judicial District Court, parish of Caldwell.' Bridger, J. Pirsfc — Sec. 843 It. S. does not contain an exception or proviso. Second — Provisos in statutes are not required to "be set out in an indictment charged thereunder, unless the proviso or exception is a part of the definition of the crime. 25 Conn. 48 j 24 Conn. 522. Third — When an indictment conforms to the wording of the Statute under which it is drawn, it is valid.
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APPEAL from Fourth Judicial District Court, parish of Caldwell.' Bridger, J. Pirsfc — Sec. 843 It. S. does not contain an exception or proviso. Second — Provisos in statutes are not required to "be set out in an indictment charged thereunder, unless the proviso or exception is a part of the definition of the crime. 25 Conn. 48 j 24 Conn. 522. Third — When an indictment conforms to the wording of the Statute under which it is drawn, it is valid. Pourtli — Jurymen are competent to serve although they may have formed opinions concerning the guilt or innocence of the accused, when those opinions…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendants were indicted with having wilfully and maliciously set ñre to and burned a certain steam gin and mill house of one Richard G. Sermon. They were tried, convicted and sentenced to seven years imprisonment in the penitentiary. From which sentence they have appealed.
The errors assigned, and on which they rely for a reversal of the sentence, are thus stated:
1. “ That the indictment does not describe an offense under section 843, Revised Statutes, the same not negativing the exception and.proviso in the enacting clause of the statute.”
2…
2Cases cited3 opinions
- State v. MillerSupreme Court of Connecticut · 1856
- Hart v. CleisNew York Supreme Court · 1811
- State v. PowersSupreme Court of Connecticut · 1856
3Cited by4 opinions
- State v. VialSupreme Court of Louisiana · 1923
- Lacour v. National Surety Co.Supreme Court of Louisiana · 1920
- State v. CountySupreme Court of Louisiana · 1906
- State v. GarnerSupreme Court of Louisiana · 1914