State v. Hill

Citations

• 122 La. 711
• 48 So. 160
• 1909 La. LEXIS 605

Syllabus

<p>1. Criminal Law (§§ 180, 200*) — Former Jeopardy — Distinct Offenses.</p> <p>The offense of “wilfully shooting cat,” denounced by section 792 of the Revised Statutes of 1870, and the offense of shooting with a dangerous weapon with intent to murder, denounced' by section 791, are separate and distinct, subject to different possible penalties, and triable before different tribunals, and cannot serve as the basis of a plea of former jeopardy, where on the form'er trial the jury was discharged from giving a verdict. ■ Rev. St. § 1055.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 328, 392; Dec. Dig. §§ ISO, 200.*]</p> <p>2. Criminal Law (§ 1090*) — Appeal — Bill op Exceptions — Necessity.</p> <p>A motion for a new trial cannot be made to serve the purpose of a bill of exception to the charge of the court.</p> <p>[Ed. Note. — For other eases, see Criminal Law, Cent. Dig. § 2804; Dec. Dig. § 1090.*]</p> <p>(Syllabus by the Court.)</p>