State v. Holland

Citations

• 120 La. 429
• 45 So. 380
• 1907 La. LEXIS 664

Syllabus

<p>1. Cbiminal Law — Evidence — Similab Obimes.</p> <p>As the offense of kidnapping, denounced by Rev. St. 1870, § 805, does not involve any particular criminal intent or evil motive evidence tending to show another kidnapping by the accused of the same person is inadmissible.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 14, Oriminal Law, §§ 822-832.]</p> <p>2. Kidnapping — Indictment.</p> <p>An indictment for kidnapping is not bad because the word “unlawfully” was substituted for the word “without authority of law.”</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 31, Kidnapping, § 10; vol. 27, Indictment and Information, §§ 261-265.]</p> <p>3. Same.</p> <p>As kidnapping was a misdemeanor at common law, and the statute does not use the word “feloniously” in describing the offense, the use of the word “feloniously” is not essential in the indictment, though the accused, if convicted, may be, in the discretion of the court, punished by imprisonment at hard labor.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 31, Kidnapping, § 10; vol. 27, Indictment and Information, §§ 261-265.]</p> <p>Breaux, C. J., and Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>