State v. Perry

Citations

• 116 La. 231
• 40 So. 686
• 1906 La. LEXIS 491

Syllabus

<p>1. Indictment—Joinder of Offenses.</p> <p>Burglary and larceny may be charged in the same count or in separate counts of the same indictment.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Indictment and Information, §§ 385, 415.]</p> <p>2. Criminal Law—Nolle Prosequi.</p> <p>Even after verdict, a nolle prosequi may, with the consent of the court, be entered as to one or more of several counts in an indictment, and sentence may be imposed on the remaining counts.</p> <p>[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, §§ 692, 695.]</p> <p>3. Indictment—Joinder of Offenses.</p> <p>Article 116 of the Constitution has not so changed the law regulating _ the method of procedure in criminal prosecutions as to prevent the trial under one indictment of offenses-which might previously have been so tried.</p> <p>4. Larceny—Punishment.</p> <p>Act No. 107, p. 162, of 1902, § 5, grades, and places in the class of offenses which may be punished at hard labor only, “larceny of' property of a less value than $100, unaccompanied by any one of the several sorts of burglary, or other crime.” Larceny, not falling within the class thus graded, is necessarily punishable at hard labor, and quoad the method of its prosecution is in the same class as the-burglary denounced by Rev. St. § 854.</p> <p>(Syllabus by the Court.)</p>