State v. Oliver

HIGGINS, Justice.

After the defendant, J. David Oliver, had been convicted of the crime of embezzlement of public funds belonging to the Parish of Evangeline, in his motion for a new trial he pleaded that the offense was prescribed, but the trial judge overruled the plea on the ground that it came too late and refused to consider it, and imposed the sentence. On appeal to this Court, we held that the accused had the right “to tender a plea of prescription for the first time after conviction but before sentence in a motion for a new trial,” and remanded the case to. the district court to hear…