State v. Clayton

McCALEB, Justice.

Defendant was indicted for issuing a worthless check for $75 in violation of the provisions of R.S. 14:71, as amended by Act 156 of 1956. After the jury had been empanelled at his trial, he moved to quash the indictment. This motion was overruled as being filed too late for consideration and, thereupon, the trial proceeded, the jury finding defendant guilty of “Unauthorized use of movables”, a lesser offense denounced by Section 68 of the Criminal Code (R.S. 14:68). Prior to sentence, defendant filed a motion in arrest of judgment in which he assailed the constitutionality of…