State ex rel. Cotonio v. Marmouget

Citations

• 110 La. 191
• 34 So. 408
• 1903 La. LEXIS 606

Syllabus

<p>MUNICIPAL CORPORATIONS — VIOLATION OP ORDINANCE — RECORDER’S COURT — ATTENDANCE OE WITNESSES — APPEAL—RECORD.</p> <p>1. Where an ordinance denouncing a penalty against the owner of occupied premises for failure to provide a sufficient water supply at such premises is violated, the offense must be considered to have been committed at the premises in question, and not at the place where the person of the owner happens to be.</p> <p>2. The recorders’ courts of the city of New Orleans may send their process to, and compel the attendance of witnesses from, all parts of the city.</p> <p>3. The affidavits on which prosecutions before recorders’ courts are based are sufficiently formal if they fairly acquaint the accused with the offense charged.</p> <p>4. Sanitary ordinances of the city of New Orleans are not necessarily repealed by Act No. 192, p. 437, of 1898, and Act No. 150, p. 266, of 1902.</p> <p>5. The Constitution requiring appeals from the recorders’ courts to the criminal district court to be tried on the record and the evidence as made and offered in the lower court, the ordinance under which the prosecution is based in such a case cannot be taken cognizance of by the appellate court unless annexed to the record.</p> <p>6. When the accused requests the recorder to annex to the record a copy of the ordinance, it is the duty of that magistrate to comply with the request, and whatever ordinance he annexes will presumably be the only ordinance required to be annexed — subject, however, to the right of the parties, by proper proceedings in the appellate court, to have the record corrected and completed.</p> <p>(Syllabus by the Court.)</p>