State v. Duncan

Citations

• 118 La. 702
• 43 So. 283
• 1907 La. LEXIS 790

Syllabus

<p>1. Holidays — Election Day — Not a General. Election.</p> <p>Less than an election held throughout the state is not a “general state election,” falling within the terms of Act No. 3, p. 5, of 1904,. which enacts that ail “general election” days' shall be legal holidays. The same is true of’ parochial elections held in the parishes and municipalities.</p> <p>2. Criminal Law — Acquiescence — BIotion: to Quash.</p> <p>An accused has no right to stand by and suffer proceedings to take place on a “statutory holiday,” and after verdict, in a motion to-quash, ask to have the proceedings reversed on the ground that it was a holiday.</p> <p>He sought an acquittal which would have been. complete had he been acquitted.</p> <p>3. Holidays — Statutory.</p> <p>The days entitled “legal holidays” do not. have the effect of rendering legal business null,. if it takes place by consent, or if an accused chooses not to timely urge what there may be in the objection. The objection is not timely nor in proper form urged for the first time in a motion in arrest of judgment.</p> <p>TEd. Note —For cases in point, see Cent. Dig. voi. 25, Holidays, §§ 2-5J .</p> <p>4. Sundays.</p> <p>The observance of the seventh day has a 'different meaning than observance of a “statutory holiday.” With the former it is coeval with the creation, and, with the latter, with the date of the statute to which it owes its title.</p> <p>The history of the common law clearly indicates the character of the day and the respect .and honor to which it is entitled. It is different as to statutory holidays. They have not the sacredness of the Sabbath, and there may be legal business transacted on a statutory holiday not null, if there is silence when a person should speak and object.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 25, Holidays, §§ 2-5.]</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>