Legal Opinion

State v. Moultrie

Supreme Court of Louisiana

Decided July 15, 1881No. 1119PublishedCited by 5 opinions

APPEAL from the Twenty-ñfth Judicial District Court, parish of Vermilion. Clegg, J. IFirst — The affidavit of an accused for a continuance cannot be contradicted; it must be taken as true. 30 A. 296. Second — On an indictment for petty larceny, a verdict for having received stolen goods knowing them tobe such, is not responsive, and must be set aside, and the case remanded.

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APPEAL from the Twenty-ñfth Judicial District Court, parish of Vermilion. Clegg, J. IFirst — The affidavit of an accused for a continuance cannot be contradicted; it must be taken as true. 30 A. 296. Second — On an indictment for petty larceny, a verdict for having received stolen goods knowing them tobe such, is not responsive, and must be set aside, and the case remanded. Third — Where counsel is assigned by the Court to defend an accused person, a sufficient time should be allowed in which to prepare for the defense, especially where special cause is shown for a longer delay.

1Opinion of the Court

The opinion of the Court was delivered by

Levy, J.

An information was filed against the defendant, charging him with larceny, on which he was tried by a jury and convicted of the offense of receiving stolen goods, knowing them to be stolen. He was sentenced to imprisonment in the State Penitentiary, at hard labor, for six months, and from the judgment thus sentencing him he has appealed.

The information was filed on the 16th of June, 1881; the warrant for arrest was issued on the same day, and on the 22d of June, returned as executed and filed. On the 23d of June the accused was arraigned and…

2Cited by5 opinions

  1. State v. WhiteSupreme Court of Louisiana · 1931
  2. State v. UgarteSupreme Court of Louisiana · 1932
  3. State v. RogersSupreme Court of Louisiana · 1989
  4. State v. ThorntonSupreme Court of Louisiana · 1918
  5. State v. LundySupreme Court of Louisiana · 1913

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