Legal Opinion

State v. Comeaux

Supreme Court of Louisiana

Decided January 3, 1918No. 22863PublishedCited by 4 opinions

Appeal from Eighteenth Judicial District Court, Parish of Lafayette; William Campbell, Judge. Alcide Comeaux was convicted of an offense, and he appeals.

1Opinion of the CourtProvosty, J.

[1] The indictment in this case reads:

“That one Alcide Comeaux, at the parish aforesaid, on or about the 1st day of May, A. D. 1917, did unlawfully, willfully, and feloniously make an assault upon one Mabel Besard, a female, with the intent in so doing, then and there, unlawfully, feloniously, forcibly, and against the will and consent of the said Mabel Besard, to ravish and carnally know.”

This indictment is fatally defective in that it does not charge with certainty whom it was the accused intended to ravish and carnally know. Very true, it gives rise to a strong inference that Mabel Besard…

2Cases cited4 opinions

  1. State v. MatthewsSupreme Court of Louisiana · 1903
  2. State v. KempSupreme Court of Louisiana · 1907
  3. State v. DownsSupreme Court of Louisiana · 1898
  4. State v. FrazierSupreme Court of Louisiana · 1903

3Cited by4 opinions

  1. State v. GreenSupreme Court of Louisiana · 1972
  2. State v. AlbertsSupreme Court of Iowa · 1925
  3. State v. AlaridNew Mexico Supreme Court · 1936
  4. State v. GreenSupreme Court of Louisiana · 1972

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