State v. Davis

Citations

• 121 La. 623
• 46 So. 673
• 1908 La. LEXIS 728

Syllabus

<p>1. Statutes — Constitutional Law — Object oe Act.</p> <p>The decision of the Supreme Court in State v. Peterman, 46 South. 672, declaring Act No. 103, p. 156, of 1902, unconstitutional on the grounds therein stated, is affirmed.</p> <p>FEd. Note. — For cases in point, see Cent. Dig. vol. 44, Statutes, §§ 121-135.]</p> <p>2. Criminal Law — Sentence — “Imprisonment at Hard Labor.”</p> <p>A sentence in a criminal case to imprisonment in the penitentiary is in fact, though not in precise words, an “imprisonment at hard labor.”</p> <p>3. Same — Appeal—Jurisdiction.</p> <p>Article 85 of the state Constitution makes the liability to imprisonment at labor for violation of a given statute, and not the punishment actually imposed, the test as to whether the Supreme Court has jurisdiction of'an appeal from a judgment rendered in an action under the statute.</p> <p>4. Same — Appeal—Review.</p> <p>Where an inspection of the record discloses that the defendant submitted to the court a motion in arrest of judgment on the ground that the statute on which the prosecution was based was unconstitutional, the Supreme Court will consider and determine that question, though it be not shown that the trial court formally acted on the motion.</p> <p>(Syllabus by the Court.)</p>