State v. Romus

Supreme Court of Louisiana

State v. Romus

19 So. 669, 48 La. Ann. 581, 1896 La. LEXIS 461

CourtSupreme Court of Louisiana

DecidedMarch 14, 1896

DocketNo. 12,090

StatusPublished

Cited by1 cases

This text of 19 So. 669 (State v. Romus) 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. Romus, 19 So. 669, 48 La. Ann. 581, 1896 La. LEXIS 461 (La. 1896).

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Opinion

The opinion of the court was delivered by

Milleb, J.

The appeal is from the sentence of defendant for assault by shooting at another, or with intent to commit murder, rape or robbery. R. S. 792.

The indictment charged that the defendant, in and upon L. W., did mate an assault by wilfully shooting at him, the said L. W., 'with a dangerous weapon, with intent then and there, and thereby feloniously, wilfully and maliciously to kill and murder the said L. W. The statute makes the offence assaulting another by wilfully [582]*582shooting at him, or with intent to commit murder, rape or robbery. The motion in arrest and bill of exceptions assigns, as duplicity, that the indictment charges two distinct offences in one count. The assault by shooting or with the intent to murder admitted of an indictment for either, but constituting but a single act we conceive it to be settled that such offences may be charged in one count. 1 Wharton C. L., Sec. 390; State of Louisiana vs. Cognovitch, 34 An. 529; State vs. Samuels, 38 An. 458; State vs. Jackson, 37 An. 768.

It is therefore ordered, adjudged and decreed that the sentence be affirmed.

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The opinion of the court was delivered by

Milleb, J.

The appeal is from the sentence of defendant for assault by shooting at another, or with intent to commit murder, rape or robbery. R. S. 792.

The indictment charged that the defendant, in and upon L. W., did mate an assault by wilfully shooting at him, the said L. W., 'with a dangerous weapon, with intent then and there, and thereby feloniously, wilfully and maliciously to kill and murder the said L. W. The statute makes the offence assaulting another by wilfully [582]*582shooting at him, or with intent to commit murder, rape or robbery. The motion in arrest and bill of exceptions assigns, as duplicity, that the indictment charges two distinct offences in one count. The assault by shooting or with the intent to murder admitted of an indictment for either, but constituting but a single act we conceive it to be settled that such offences may be charged in one count. 1 Wharton C. L., Sec. 390; State of Louisiana vs. Cognovitch, 34 An. 529; State vs. Samuels, 38 An. 458; State vs. Jackson, 37 An. 768.

It is therefore ordered, adjudged and decreed that the sentence be affirmed.

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Bluebook (online)

19 So. 669, 48 La. Ann. 581, 1896 La. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-romus-la-1896.

Opinion

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