State v. Malone

Supreme Court of Louisiana

State v. Malone

147 So. 11, 176 La. 846, 1933 La. LEXIS 1611

CourtSupreme Court of Louisiana

DecidedFebruary 27, 1933

DocketNo. 32221.

StatusPublished

Cited by4 cases

This text of 147 So. 11 (State v. Malone) 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. Malone, 147 So. 11, 176 La. 846, 1933 La. LEXIS 1611 (La. 1933).

Pincite

Opinion

O’NIELL, Chief Justice.

The relator was prosecuted under a bill of information charging that he had violated the Hood Act, being Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. He moved to quash the bill of information, on the ground that the Hood Act was repealed by Act No. 238 of 1932. The district attorney pleaded that the act. of 1932 was unconstitutional. The district judge overruled the motion to quash, holding that Act No. 238 of 1932 was unconstitutional. The case is before us on a writ of certiorari and alternative *847 writs of prohibition and mandamus, to stop the prosecution of the relator.

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

For the reasons given in that case the writs issued in this case are recalled, the relief prayed-for by the relator is denied, and this proceeding in the Supreme Court is dismissed.

ST. PAUL, J., absent because of illness.

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

O’NIELL, Chief Justice.

The relator was prosecuted under a bill of information charging that he had violated the Hood Act, being Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. He moved to quash the bill of information, on the ground that the Hood Act was repealed by Act No. 238 of 1932. The district attorney pleaded that the act. of 1932 was unconstitutional. The district judge overruled the motion to quash, holding that Act No. 238 of 1932 was unconstitutional. The case is before us on a writ of certiorari and alternative *847 writs of prohibition and mandamus, to stop the prosecution of the relator.

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

For the reasons given in that case the writs issued in this case are recalled, the relief prayed-for by the relator is denied, and this proceeding in the Supreme Court is dismissed.

ST. PAUL, J., absent because of illness.

Cite This Page — Counsel Stack

Bluebook (online)

147 So. 11, 176 La. 846, 1933 La. LEXIS 1611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-malone-la-1933.

Opinion

Related

Cite This Page — Counsel Stack