State v. Smith

Citations

• 114 La. 318
• 38 So. 202
• 1905 La. LEXIS 461

Syllabus

<p>INFORMATION — VERIFICATION BY DISTRICT ATTORNEY — SPECIAL OATH.</p> <p>1. The district attorney, acting_ on his official oath, may present an information, and, with leave of the court, have it filed, without any necessity of taking a special oath.</p> <p>2. It is not alleged or shown that the prosecuting officer acted with vindictiveness or malice.</p> <p>3. Where the prosecuting officer acts ex mero motu, and it does not appear that he has acted at the instance of any one, the defendant is without right to sustain the plea that the officer should have taken a special oath. His official oath suffices.</p> <p>(Syllabus by the Court.)</p>