State v. McIntyre

Supreme Court of Louisiana

State v. McIntyre

261 So. 2d 228, 261 La. 821, 1972 La. LEXIS 5100

CourtSupreme Court of Louisiana

DecidedMay 11, 1972

DocketNo. 52428

StatusPublished

This text of 261 So. 2d 228 (State v. McIntyre) 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. McIntyre, 261 So. 2d 228, 261 La. 821, 1972 La. LEXIS 5100 (La. 1972).

Pincite

Opinion

The petition of the relator in the above entitled and numbered case having been duly considered,

It is ordered that a writ of certiorari issue herein, directing the Honorable John S. Covington, Judge of the Nineteenth Judicial District Court, for the Parish of East Baton Rouge, to transmit to the Supreme Court of Louisiana, on or before the 9th day of October, 1972, the record in duplicate, or a certified copy of the record in duplicate, of the proceedings complained of by the relator herein, to the end that the validity of said proceedings may be ascertained.

It is further ordered that the aforesaid Judge of s'aid Court and the respondent through counsel shall show cause, in this court, on the date aforesaid, at 11 o’clock A. M., why the relief prayed for in the petition of the relator should not be granted.

DIXON, J., dissents from the granting of this writ. Defendant is charged with the "theft of entertainment services” by entering a football game with the i. d. card of another. A necessary element of theft is the intent to deprive the other of the object permanently. LSU can still entertain with football. There are numerous lawful ways the university may prevent the transfer of i. d.’s, but nothing has been stolen in this case.

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The petition of the relator in the above entitled and numbered case having been duly considered,

It is ordered that a writ of certiorari issue herein, directing the Honorable John S. Covington, Judge of the Nineteenth Judicial District Court, for the Parish of East Baton Rouge, to transmit to the Supreme Court of Louisiana, on or before the 9th day of October, 1972, the record in duplicate, or a certified copy of the record in duplicate, of the proceedings complained of by the relator herein, to the end that the validity of said proceedings may be ascertained.

It is further ordered that the aforesaid Judge of s'aid Court and the respondent through counsel shall show cause, in this court, on the date aforesaid, at 11 o’clock A. M., why the relief prayed for in the petition of the relator should not be granted.

DIXON, J., dissents from the granting of this writ. Defendant is charged with the "theft of entertainment services” by entering a football game with the i. d. card of another. A necessary element of theft is the intent to deprive the other of the object permanently. LSU can still entertain with football. There are numerous lawful ways the university may prevent the transfer of i. d.’s, but nothing has been stolen in this case.

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Bluebook (online)

261 So. 2d 228, 261 La. 821, 1972 La. LEXIS 5100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcintyre-la-1972.