State v. Hebert

Writing a dissenting opinion cannot change the result in this case because the court did not reserve to the defendant the right to apply for a rehearing, when the case was decided against him, on the rehearing that was granted to the state. But the court’s ruling in the case, with regard to section 980 of the Revised] Statutes, seems to me so very wrong that I am impelled to do what I can to see it corrected some day.

In the first opinion handed down in this case, I failed to cite the decision in State v. Ryder, 36 La. Ann. 294; and it was also overlooked by the court and council while the…