State v. Shelby

Supreme Court of Louisiana

State v. Shelby

21 So. 1029, 48 La. Ann. 1518, 1896 La. LEXIS 683

CourtSupreme Court of Louisiana

DecidedNovember 30, 1896

DocketNo. 12,316

StatusPublished

Cited by2 cases

This text of 21 So. 1029 (State v. Shelby) 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. Shelby, 21 So. 1029, 48 La. Ann. 1518, 1896 La. LEXIS 683 (La. 1896).

Pincite

Opinion

The opinion of the court was delivered by

Miller, J.

This is an appeal by the State from the judgment sustaining the motion to quash, united with a demurrer to the indictment, on the ground that the Sec. 792 of the Revised Statutes on [1519]*1519which the prosecution is based was repealed by the Act No. 59 of 1896. The demurrer and motion to quash were sustained without putting the accused on his trial.

For the reasons assigned in the opinion in State vs. White, ante, page 1444, it is ordered, adjudged and decreed the judgment sustaining the motion to quash is avoided and reversed, and the lower court is directed to proceed with the trial of the accused.

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The opinion of the court was delivered by

Miller, J.

This is an appeal by the State from the judgment sustaining the motion to quash, united with a demurrer to the indictment, on the ground that the Sec. 792 of the Revised Statutes on [1519]*1519which the prosecution is based was repealed by the Act No. 59 of 1896. The demurrer and motion to quash were sustained without putting the accused on his trial.

For the reasons assigned in the opinion in State vs. White, ante, page 1444, it is ordered, adjudged and decreed the judgment sustaining the motion to quash is avoided and reversed, and the lower court is directed to proceed with the trial of the accused.

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Bluebook (online)

21 So. 1029, 48 La. Ann. 1518, 1896 La. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shelby-la-1896.

Opinion

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