From Casetext: Smarter Legal Research

State v. Washburn

Supreme Court of Louisiana
Mar 27, 1933
177 La. 27 (La. 1933)

Summary

In Louisiana v. Washburn, 177 La. 27, 147 So. 489, the county attorney questioned the constitutionality of a legislative act in a criminal prosecution.

Summary of this case from State ex rel. Evans v. Brotherhood of Friends

Opinion

No. 32287.

March 27, 1933.

Appeal from First Judicial District Court, Parish of Caddo; T.F. Bell, Judge.

Harry V. Booth, of Shreveport, for appellant.

G.L. Porterie, Atty. Gen. (James O'Connor, Asst. Atty. Gen., and James U. Galloway, Dist. Atty., of Shreveport, and James O'Niell, Asst. Atty. Gen., of counsel), for the State.


The defendant was convicted of a violation of the Prohibition Law, Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. Before sentence, he filed a motion in arrest of judgment, pleading that Act No. 39 of 1921, as amended, was repealed by Act No. 238 of 1932. The district attorney pleaded that the act of 1932 was unconstitutional, and the plea was sustained by the district judge. The defendant has appealed.

In State v. Watkins, 176 La. 837, 147 So. 8, this court held that Act No. 238 of 1932 was unconstitutional, for the reason for which the district court has held the law unconstitutional in this case. The ruling in State v. Watkins was followed in State v. Malone, 176 La. 846, 147 So. 11, in State v. Capps, 176 La. 849, 147 So. 12, and in State v. Antee, 176 La. 847, 147 So. 11, all of which cases were decided on the same day. The ruling is supported by the great weight of authority; and it has been acted upon by the Legislature, convened in special session last Monday.

For the reasons given in State v. Watkins, supra, the conviction and sentence in this case are affirmed.

ST. PAUL, J., dissents. Cf. Police Jury v. McDonogh, 8 La. Ann. 341-358.


Summaries of

State v. Washburn

Supreme Court of Louisiana
Mar 27, 1933
177 La. 27 (La. 1933)

In Louisiana v. Washburn, 177 La. 27, 147 So. 489, the county attorney questioned the constitutionality of a legislative act in a criminal prosecution.

Summary of this case from State ex rel. Evans v. Brotherhood of Friends
Case details for

State v. Washburn

Case Details

Full title:STATE OF LOUISIANA v. BILLY WASHBURN

Court:Supreme Court of Louisiana

Date published: Mar 27, 1933

Citations

177 La. 27 (La. 1933)
147 So. 489

Citing Cases

State ex rel. Evans v. Brotherhood of Friends

In all of the cases, the principle or policy involved is the same; namely, the right of the chief law…

City of Alexandria v. Alexandria Fire Fight. Ass'n

See Cooley's Constitutional Limitations, 8th Ed. Vol. 1, page 245. And, although it appears in the…