State v. Smith

Citations

• 118 La. 248
• 42 So. 791
• 1907 La. LEXIS 701

Syllabus

<p>1. Criminal Law — Appeal—Excessive Sentence — Setting Aside.</p> <p>The sentence was for a larger amount than authorized by the statute.</p> <p>The Supreme Court had jurisdiction on appeal to set it aside.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 3195-3197.]</p> <p>On the Merits.</p> <p>2. Weapons — Carrying Concealed Weapons —Statute—Repeal.</p> <p>Act No. 43, p. 58, of 1906, which denounces the carrying of concealed weapons about one’s person, and which prescribes penalties therefor, repeals Act No. 61, p. 86, of 1902, section 932 of the Revised Statutes, and section 9, Act No. 107, p. 163, of 1902, in so far as inconsistent and irreconcilable therewith.</p> <p>3. Same — Definition—Pending Indictments.</p> <p>The definition in the last statute applies generally to the act of carrying concealed weapons, and excludes by its terms all other similar definitions.</p> <p>There was no clause inserted in the last statute regarding indictments pending in court. The result is that the indictment for a similar offense under a prior statute falls.</p> <p>(Syllabus by the Court.)</p>