State v. Johnson

240 So. 2d 743, 256 La. 1016, 1970 La. LEXIS 3475

Procedural entryThis page is a short order in State v. Johnson. Read the opinion of the Court — 260 La. 902 →

Supreme Court of Louisiana·Decided November 23, 1970·No. No. 50989·Published

Opinion

The application is denied. We find no-abuse of discretion by the trial judge.

McCALEB, Justice, is of the opinion that the bond is excessive and should be reduced to $10,000.

BARHAM, Justice,

is of the opinion that bail is. excessive. The maximum sentence that can be imposed is 2 years. It is the legislative determination of the nature of the offense and the degree of punishment responsive to it, which the court must consider, and it is not the judiciary’s emotional and mental reaction that a particular offense shocks their individual conscience, which should determine the “seriousness of the offense” and the amount of bail. Bail is required for the purpose of assuring appearance in court proceedings and not for the purpose of inflicting pun[1017]*1017ishment before a determination of guilt. See C.Cr.P. Art. 317.

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

The application is denied. We find no-abuse of discretion by the trial judge.

McCALEB, Justice, is of the opinion that the bond is excessive and should be reduced to $10,000.

BARHAM, Justice,

State v. Johnson, 240 So. 2d 743, 256 La. 1016, 1970 La. LEXIS 3475 (La. 1970).

Pincite

240 So. 2d 743 (State v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.