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State v. Williams

Citations

  • 114 La. 940
  • 38 So. 686
  • 1905 La. LEXIS 573

Syllabus

<p>PETIT LARCENY — PUNISHMENT—CONSTITUTIONAL LAW — APPEAL—REVERSAL.</p> <p>1. No sentence of imprisonment in the State Penitentiary can be imposed for petit larceny of property less in value than $5 under section 5 of Act No. 107, p. 162, of 1902.</p> <p>2. As relates to the theft of property worth less than $5, treated by the statutes as a misdemeanor, the act in question is not unconstitutional.</p> <p>3. The motion of the Attorney General to set aside the sentence is granted, and the case is remanded, in order that the district court may impose sentence under the said section.</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux

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