State v. De Hart

Citations

• 109 La. 570
• 33 So. 605
• 1903 La. LEXIS 413

Syllabus

<p>INCEST — DEFINITION—CONSTITUTIONAL LAW-TITLE OP ACT — AMENDMENT—INDICTMENTINDORSEMENT — CONVICTION — SENTENCE-EVIDENCE — ACCOMPLICE—INSTRUCTIONS.</p> <p>1. Act 78 of 1884, taken in connection with articles 94 and 95 of the Civil Code of Louisiana to which it refers, sufficiently defines the crime of incest.</p> <p>2. Nor is there force in the contention that the law does no.t denounce incest, as thus defined, a crime.</p> <p>3. An act, a thing done, is denounced when the law declares it a crime and provides a punishment lor it.</p> <p>4. The statute of 1884 does not contravene that provision of the organic law which declares that every law enacted shall embrace but one object, which shall be expressed in its title.</p> <p>5. Nor does it assume to revive or amend any law or statutory enactment by reference to its title, or otherwise. It is, itself, an independent, substantive enactment.</p> <p>6. Nor did the General Assembly in enacting the statute adopt a system or code of laws by general reference to such system or code of laws.</p> <p>7. Tho indorsement of the character of the offense upon an indictment is for convenience only, and the same forms no part of the charge contained in the body of the indictment, and has no effect on the latter.</p> <p>8. When the- prisoner was found guilty he was convicted of the charge in the indictment; not that set forth in the caption indorsed on the bill.</p> <p>9. And when sentenced, it was for the crime named in the bill; not that erroneously described by the clerk in the minutes.</p> <p>10. Prior acts of incest between the same parties may be proved.</p> <p>11. To prove previous guilty acts of the female with other men is no defense in an incest case, and evidence tendered for such purpose is inadmissible.</p> <p>12. The evidence of an accomplice is admissible. Whether sufficient to convict uncorroborated, is a question for the jury.</p> <p>13. It is advisable for the trial judge to instruct the jury to observe caution in c