State ex rel. Cotonio v. Judge Criminal District Court

Citations

• 105 La. 758

Syllabus

<p>Syllabus.</p> <p>1. Recorders in New Orleans are authorized to take judicial cognizance of ihc ordinances of the city, and, when they do so, such ordinances need not he offered in evidence for the purposes of prosecutions under them.</p> <p>2. But the recorders are not bound to take such notice, and in any case wbu-li is to be appealed, they ought, if so requested by the defendant, to require the prosecution to furnish a copy of the ordinance, to be used for the purpose of the appeal, and should send the same up with the record, since it is a hardship, which ought not to be imposed on the defendant, to furnish such copy, and equally a hardship that his appeal should be dismissed for want of it.</p> <p>3. It is, however, incumbent upon the defendant to make his request that the recorder require the prosecution to furnish a copy of the ordinance under which the sentence is imposed, and that he send it up as part of the record of appeal, and if no such request is made, and the appeal goes up without such ordinance, it will be properly dismissed by the appellate court.</p>