State ex rel. Theus v. Edwards

Citations

• 109 La. 236
• 33 So. 209
• 1902 La. LEXIS 142

Syllabus

<p>CRIMINAL LAW — SALE OF LIQUORS — SUBSEQUENT LEGISLATION — SENTENCE.</p> <p>1. A person charged with an offense cannot be deprived of the benefit of a law applicable thereto, enacted after its commission and before his sentence and conviction, nor can the situation with reference to such offense and its consequences be altered to his disadvantage by the subsequent legislation.</p> <p>2. It is impossible to so construe Act No. 66 of 1902 with section 910, Rev. St. (as amended by Act No. 83 of 1886), as that a person indicted under said section befoi-e the passage of the act can be lawfully sentenced under either law. A motion to quash such an indictment was, therefore, properly sustained, and mandamus will not issue to compel the district court to proceed with the tx-ial.</p> <p>(Syllabus by the Court.)</p>