State v. Huey

Supreme Court of Louisiana

State v. Huey

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

CourtSupreme Court of Louisiana

DecidedNovember 16, 1896

DocketNo. 12,251

StatusPublished

Cited by16 cases

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

Pincite

Opinion

[1383]*1383The 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.

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