State v. Huey

Supreme Court of Louisiana

State v. Huey

20 So. 915, 48 La. Ann. 1382, 1896 La. LEXIS 643

Supreme Court of Louisiana·Decided November 16, 1896·No. No. 12,251·Published·Cited by 16 cases

Opinion

[1383] The opinion of the court was delivered by

McEnery, J.

The defendant was indicted for burglary and larceny. He was convicted, and moved in arrest of judgment that two different and distinct crimes, belonging to different generic classes, can not be charged in one indictment.

There are two counts in the indictment, the first charging burglary with intent to steal, and the second charging larceny.

It is well settled that a defendant may be charged in the same indictment, if in separate counts, with burglary and larceny, when they both spring from the same act. State vs. Depass, 31 An. 487; State vs. King, 37 An. 662; State vs. Morgan, 39 An. 214; State vs. Nicholls, 37 An. 779.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

[1383] The opinion of the court was delivered by

McEnery, J.

The defendant was indicted for burglary and larceny. He was convicted, and moved in arrest of judgment that two different and distinct crimes, belonging to different generic classes, can not be charged in one indictment.

There are two counts in the indictment, the first charging burglary with intent to steal, and the second charging larceny.

It is well settled that a defendant may be charged in the same indictment, if in separate counts, with burglary and larceny, when they both spring from the same act. State vs. Depass, 31 An. 487; State vs. King, 37 An. 662; State vs. Morgan, 39 An. 214; State vs. Nicholls, 37 An. 779.

Judgment affirmed.

State v. Huey, 20 So. 915, 48 La. Ann. 1382, 1896 La. LEXIS 643 (La. 1896).

Pincite

20 So. 915 (State v. Huey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related