State ex rel. Satcho v. Judge Criminal District Court
Supreme Court of Louisiana
QN APPLICATION for Writs of Certiorari and Prohibition. On the 17th of August, 1896, the District Attorney for the parish of Orleans filed in the Criminal District Court for the parish of ■Orleans, an information against the defendant. On the 4th of December defendant filed a motion to quash the information. He complains that the judge illegally overruled said objection.
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QN APPLICATION for Writs of Certiorari and Prohibition. On the 17th of August, 1896, the District Attorney for the parish of Orleans filed in the Criminal District Court for the parish of ■Orleans, an information against the defendant. On the 4th of December defendant filed a motion to quash the information. He complains that the judge illegally overruled said objection. That by Art. 8 of the Constitution of Louisiana, parties accused are entitled “ in all criminal prosecutions ” to “ enjoy the right to beinformedof the nature and cause of the accusation” against him, which means by a long…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The motion to quash was based on grounds substantially the same as those mentioned in relator's petition though somewhat amplified.
It asserts that “the information does not seif forth in allegations, facts essential in a prima facie case of guilt under Act No. 18 of 1886;” that it does not allege “that relator failed to close such licensed place of business at 12 o’clock on Saturday night; that it does not allege that relator failed and refused to keep such licensed place of public business closed continuously for twenty-four hours…
2Cited by3 opinions
- State v. SummerlinSupreme Court of Louisiana · 1906
- Mayor of Homer v. BrownSupreme Court of Louisiana · 1906
- Brignac v. Pacific Mut. Life Ins.Supreme Court of Louisiana · 1904