State v. Bordelon

Supreme Court of Louisiana

State v. Bordelon

269 So. 2d 823, 263 La. 943, 1972 La. LEXIS 5850

CourtSupreme Court of Louisiana

DecidedNovember 28, 1972

DocketNo. 52715

StatusPublished

Cited by1 cases

This text of 269 So. 2d 823 (State v. Bordelon) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bordelon, 269 So. 2d 823, 263 La. 943, 1972 La. LEXIS 5850 (La. 1972).

Pincite

Opinion

PER CURIAM.

Defendant was convicted in city court of driving while intoxicated (La.RlS. 14:98) pursuant to prosecution by the Pineville City Attorney on a charge which arose within the city limits of Pineville. The defendant was sentenced to pay a fine of four hundred dollars and serve sixty days in the parish prison. He appeals his conviction [946]*946.and sentence on the basis of one bill of ■exception reserved and perfected during the ^proceedings.

Prior to trial, defendant filed a Motion to Quash which alleged that the “Complaint-Affidavit” under which he was charged was vague, and the prosecution of 'this crime by the city attorney was unconstitutional as an infringement upon the powers of the district attorney. Defendant was charged under a “Louisiana Uniform Traffic Ticket and Complaint” in which all pertinent information was included. This court 'has previously held that such affidavit sufficiently informs the accused of the nature of the offense charged, and thus this ground is without merit.. City of Pineville v. Robinson, 260 La. 415, 256 So.2d 427 (1972).

The second basis of complaint is that La.R.S. 13:1894.1 (which provides for prosecution by the city attorney, in city court, of violations of La.R.S. 14:98) is unconstitutional in that such prosecutions -usurp the powers of the district attorney. "This court has previously held that the stat-ute simply establishes by general statewide law the functions of local government with -regard to the prosecution of driving while •intoxicated offenses. City of Baton Rouge v. Mahnken, 260 La. 1002, 257 So.2d 690 (1972). We find no provision in our State Constitution which forbids this.¹ The bill of exceptions relied upon by defendant is without merit.

For reasons assigned, the conviction and sentence are affirmed.

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PER CURIAM.

Defendant was convicted in city court of driving while intoxicated (La.RlS. 14:98) pursuant to prosecution by the Pineville City Attorney on a charge which arose within the city limits of Pineville. The defendant was sentenced to pay a fine of four hundred dollars and serve sixty days in the parish prison. He appeals his conviction [946]*946.and sentence on the basis of one bill of ■exception reserved and perfected during the ^proceedings.

Prior to trial, defendant filed a Motion to Quash which alleged that the “Complaint-Affidavit” under which he was charged was vague, and the prosecution of 'this crime by the city attorney was unconstitutional as an infringement upon the powers of the district attorney. Defendant was charged under a “Louisiana Uniform Traffic Ticket and Complaint” in which all pertinent information was included. This court 'has previously held that such affidavit sufficiently informs the accused of the nature of the offense charged, and thus this ground is without merit.. City of Pineville v. Robinson, 260 La. 415, 256 So.2d 427 (1972).

The second basis of complaint is that La.R.S. 13:1894.1 (which provides for prosecution by the city attorney, in city court, of violations of La.R.S. 14:98) is unconstitutional in that such prosecutions -usurp the powers of the district attorney. "This court has previously held that the stat-ute simply establishes by general statewide law the functions of local government with -regard to the prosecution of driving while •intoxicated offenses. City of Baton Rouge v. Mahnken, 260 La. 1002, 257 So.2d 690 (1972). We find no provision in our State Constitution which forbids this.¹ The bill of exceptions relied upon by defendant is without merit.

For reasons assigned, the conviction and sentence are affirmed.

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Bluebook (online)

269 So. 2d 823, 263 La. 943, 1972 La. LEXIS 5850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bordelon-la-1972.

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