Supreme Court of Louisiana· 4/11/1904

State v. Dalcourt

Citations

112 La. 420
36 So. 479
1904 La. LEXIS 409

Syllabus

WITNESS — IMPEACHMENT—LARCENY— REPEAL STATUTE — CONSTITUTIONAL LAW. 1. For the purpose of attacking the credibility of the testimony of the prosecuting witness, after sufficient foundation had been laid to justify the question, this witness may be asked on cross-examination whether he had offered to withdraw the affidavit made by him against the accused, for the reason, as he stated, that he had brought the charge against them in error. 2. Act No. 124, p. 220, of 1874, is not repealed by Act No. 107, p. 162, of 1902, § 5. The defendants were prosecuted under the former statute, and they are not entitled to relief on the ground that the system of grading of the latter statute is illegal. The General Assembly has not the power to-grade felonies and misdemeanors as attempted, especially under a title showing that the purpose was to grade “misdemeanors and minor offenses,” to quote from the title. To the extent that the statute (Act No. 107, p. 161, of 1902) is illegal, it is brutem fulmen, and' does not effect the repeal of any law. The ruling of the district court is correct, except as to a.question by defendant’s counsel on cross-examination, propounded to impeach the-prosecuting witness. (Syllabus by the Court.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“Nothing in the text of the blanket additional-insured endorsement limits coverage to [the additional insured]’s vicarious liability for [the named insured’s] fault.”
interpreting a similar policy provision as allowing for additional insured coverage as long as the liability is caused at least in part by the insured party
rejecting Maldonado for “read[ing] into the policy a limit on coverage that is not in the policy’s text” and being inconsistent with the “caused in whole or part” language from the endorsement as vicarious liability is all or nothing and cannot be partial
interpreting “caused, in whole or in part, by” similarly

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

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