State v. Capps

Supreme Court of Louisiana

State v. Capps

147 So. 12, 176 La. 849, 1933 La. LEXIS 1613

CourtSupreme Court of Louisiana

DecidedFebruary 27, 1933

DocketNo. 32225.

StatusPublished

Cited by4 cases

This text of 147 So. 12 (State v. Capps) 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. Capps, 147 So. 12, 176 La. 849, 1933 La. LEXIS 1613 (La. 1933).

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Opinion

O’NIELL, Chief Justice.

The defendant has appealed from a conviction and sentence for violation of the prohibition law, known as the Hood Act, being Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. After conviction, and before' sentence, he filed a motion in arrest of judgment, contending that the Hood Act was repealed by Act No. 238 of 1932. The district attorney then pleaded that the act of 1932 was unconstitutional. The district judge overruled the motion in arrest of judgment, on the ground that Act No. 238 of 1932 was unconstitutional.

We decided to-day, in State v. Herbert Watkins, 176 La. 837, 147 So. 8, that Act No. 238 of 1932 was unconstitutional and that the Hood Act was therefore yet in effect.

For the reasons given in that ease, the conviction and sentence are affirmed.

ST. PAUL, J., absent on account of illness, takes no part.

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O’NIELL, Chief Justice.

The defendant has appealed from a conviction and sentence for violation of the prohibition law, known as the Hood Act, being Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. After conviction, and before' sentence, he filed a motion in arrest of judgment, contending that the Hood Act was repealed by Act No. 238 of 1932. The district attorney then pleaded that the act of 1932 was unconstitutional. The district judge overruled the motion in arrest of judgment, on the ground that Act No. 238 of 1932 was unconstitutional.

We decided to-day, in State v. Herbert Watkins, 176 La. 837, 147 So. 8, that Act No. 238 of 1932 was unconstitutional and that the Hood Act was therefore yet in effect.

For the reasons given in that ease, the conviction and sentence are affirmed.

ST. PAUL, J., absent on account of illness, takes no part.

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147 So. 12, 176 La. 849, 1933 La. LEXIS 1613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-capps-la-1933.

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