State ex rel. Hart v. Hicks

Citations

• 113 La. 845
• 37 So. 776
• 1904 La. LEXIS 713

Syllabus

<p>CRIMINAL LAW — CERTIORARI—REVIEW—PROSE-CUTION — AFFIDAVIT.</p> <p>1. Under a writ of certiorari, after a_ final judgment has been rendered in the case, issues of a grave character may be reviewed, such as those arising from want of jurisdiction, or because a sentence is imposed in excess of the limit laid down in the statute.</p> <p>2. Affidavit is made by statute the basis of a prosecution before the city court of the city of Shreveport.</p> <p>3. The defendant was charged by affidavit with the violation of Act No. 118, p. 181, of 1888.</p> <p>4. To the extent that a verdict was found, the proceedings present no ground for review on appeal.</p> <p>5. It is otherwise as relates to the sentence, as it is in excess of the statutory limit.</p> <p>6. Act No. 118, p. 181. of 1888, as relates to penaltv, is repealed by Act No. 107, p. 161, of 1902.</p> <p>7. There is difference in grading offenses in criminal cases from grading in civil cases. In the former the measure of punishment may be considered as sufficiently grading the offense.</p> <p>In that view, the last statute is legal, and repeals the former, as relates to the penalty to be imposed.</p> <p>The latter act, as relates to the offense, is illustrative, and not exclusive, to the extent of repealing other acts on the same subject-matter.</p> <p>(Syllabus by the Court.)</p>