State v. Labry

Citations

• 120 La. 434
• 45 So. 382
• 1908 La. LEXIS 524

Syllabus

<p>1. Criminal Law — Appeal by Prosecution.</p> <p>The prosecution is authorized to appeal from the court’s action to have it determined whether or not it is legal to pass sentence upon an accused who pleads guilty without any formal appearance before tbe court by tbe district attorney.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yol. 15, Criminal Law, §§ 2599-2614.]</p> <p>2. Same — Pboseoution After New Trial.</p> <p>After a new trial bas been granted, tbe case is at large. It is reinstated on tbe docket as a case to be tried without reference to tbe previous trial, and the district attorney assumes control of tbe prosecution.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2421, 2422.]</p> <p>8. Same — District Attorney — Duties.</p> <p>That officer is ■ intrusted with important functions. He advises the court regarding the new trial, has tbe case fixed for trial, and, as representative of the state, has charge of the prosecution.</p> <p>4. Same — Plea oe Guilty Entered and Received.</p> <p>An accused tried for and convicted of murder cannot without formal hearing from the district attorney (after a new trial has been granted) withdraw the plea of not guilty and plead guilty, and receive a sentence to serve in the penitentiary for manslaughter.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. voi. 15, Criminal Law, § 2422.]</p> <p>5. Same — Record—Minute Entry.</p> <p>The appearance of the prosecuting officer after the new trial has been granted, and the fact that he has been consulted (if he had been consulted) and has taken part in bringing on a sentence on the plea of guilty, must formally appear of record.</p> <p>(Syllabus by the Court.)</p>