State v. Boasberg

Citations

• 124 La. 289
• 50 So. 162
• 1909 La. LEXIS 466

Syllabus

<p>1. Bail (§ 39*) — In Criminal Prosecutions— Nature of Remedy.</p> <p>If a person convicted of crime is at large under bond, his whereabouts is the concern of his sureties alone, and they may permit him to go beyond the limits of the state.</p> <p>2. Criminal Law (§ 1144*) — Appeal — Presumptions — Bai.l.</p> <p>Where an accused was set at liberty by the trial court, it must be presumed that he was under bond, since the court would be without authority to release him on any other condition, under Rev. St. § -1010, permitting the judge to set at liberty one charged with crime upon his giving bond with approved sureties.</p> <p>3. Criminal Law (§ 639*) — Attorney for Prosecution — Disqualification of Prosecuting Attorney.</p> <p>Acts 1877, p. 35, No. 35, § 2, provides that a district attorney shall be recused by the judge in criminal cases if he be related to accused, or to the person injured by accused, within the fourth degree, or be his father-in-law, son-in-law, or brother-in-law, or if he has been employed or consulted as attorney for accused before his election or appointment as district attorney. Acts 1886, p. 113, No. 74, provides that the district judges may appoint a competent attorney to represent the state, when from any cause the district attorney is recused, necessarily absent, or sick. Held, that the judge could not recuse a district attorney in a prosecution for violation of the anti-race track law merely because the attorney believed that no law had been violated.</p> <p>4. Indictment and Information (§ 39*) — Information — Who may File.</p> <p>An information filed by an attorney appointed by the judge to act in the district attorney’s stead was a nullity, when the district attorney was improperly recused by the judge.</p> <p>5. Statutes (§ 211*) — Titles—Enlarging Enacting Clause.</p> <p>The title of an act, which is no part of the statute, cannot enlarge the enacting clause, where there is no ambiguity therein; and hence Acts 1886, p. 113, No. 74,