State v. Dupuis

Supreme Court of Louisiana

State v. Dupuis

118 So. 697, 167 La. 73, 1928 La. LEXIS 2014

CourtSupreme Court of Louisiana

DecidedOctober 29, 1928

DocketNo. 29376.

StatusPublished

This text of 118 So. 697 (State v. Dupuis) 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. Dupuis, 118 So. 697, 167 La. 73, 1928 La. LEXIS 2014 (La. 1928).

Pincite

Opinion

ST. PABL, J.

The defendant was convicted of having intoxicating liquor in his possession for sale for beverage purposes.

He complains that the trial judge permitted evidence to he introduced that a 15-gallon keg of whisky was found on his premises “at a distance of over 500 yards from his home.” But the per curiam of the trial judge says that there was other evidence sufficient to satisfy him that the liquor belonged to the accused.

The evidence was clearly admissible in proof of the corpus delicti; which, if connected with the defendant, was sufficient to convict. State v. Gani, 157 La. 235, 102 So. 319.

And on the sufficiency of the proof to connect the accused with the corpus delicti the trial judge (or jury, as the case may be) is alone competent to pass; this court having no jurisdiction to pass upon the facts touching the guilt or innocence of the accused. Const. 1921, art. 7, § 10, in fine, p. 40.

Decree.

The judgment appealed from is therefore affirmed.

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