Legal Opinion
State v. Garland
Supreme Court of Louisiana
Decided October 30, 1916No. 22122PublishedCited by 5 opinions
Appeal from Fourth. Judicial District Court, Parish of Union; John B. Holstead, Judge. D. B. Garland was convicted of a misdemeanor, and he appeals, and in respect to the suspension of the sentence the State also appeals.
1Opinion of the CourtProvosty, J.
In this case both the state and the accused, have appealed.
[1] The state complains that the judge suspended the sentence of imprisonment without having heard any testimony as to the general reputation of the accused, or as to his having ever been convicted in the past of a felony or misdemeanor.
The act authorizing the suspension of sentences (Act 74 of 1914, § 7) reads:
“That when there is a conviction of a misdemeanor in any court in this state, the judge may suspend sentence if he shall find that the defendant has never before been convicted of any felony or misdemeanor. The court shall…
2Cited by5 opinions
- Perez v. MerauxSupreme Court of Louisiana · 1940
- State v. PlummerSupreme Court of Louisiana · 1923
- State v. LewisSupreme Court of Louisiana · 1925
- State v. McCallSupreme Court of Louisiana · 1926
- State v. MaggioreSupreme Court of Louisiana · 1918