Legal Opinion
State v. Josephson
Supreme Court of Louisiana
Decided January 9, 1908No. 16,927PublishedCited by 6 opinions
A. E. Josephson and Herman Castens were found guilty of assault, and Josephson applies for writs of prohibition and certiorari.
1Opinion of the CourtProvosty, J.
The defendant was found guilty of assault and battery. The only question presented is whether his case was cognizable by the civil courts, or only by a military tribunal.
Defendant is a captain of the state National Guard, or militia, and the victim of his alleged offense was a private in his company. Our militia law is Act No. 181, p. 371, of 1904. Section 21 of that act provides as follows:
“Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally for any act or acts done by them while on duty, but shall be liable only…
2Cited by6 opinions
- Marler v. StateLouisiana Court of Appeal · 1955
- State ex rel. Poole v. PeakeNorth Dakota Supreme Court · 1912
- Lockett v. NEW ORLEANS CITYDistrict Court, E.D. Louisiana · 2009
- State v. WhitmireSupreme Court of Louisiana · 1928
- State ex rel. Sage v. MontoyaNew Mexico Supreme Court · 1959
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