Hull v. Donze

This is an appeal from a judgment refusing to confirm a default and dismissing plaintiff’s suit.

Plaintiff sued defendant, her husband, for a divorce on the ground that defendant had been “found guilty of the crime of having stolen property in his possession [knowing it to be stolen] * * *, and sentenced to serve nine months imprisonment [in the parish prison; i. e., county jail].”

I

The penalty fixed for the above-named offense is “imprisonment, with or without hard labor, not exceeding two years.” Act 72 of 1898, p. 95 (amending Rev. Stat. of 1870, § 832).

Imprisonment “at hard labor” means…