¶1concurs in the result, but hands down a separate opinion, maintaining that the burden of proof is upon the defendant who pleads “the prescription and exemption,” as it is called in section 9S6 of the Revised Statutes, to show, by a preponderance of evidence, the fact necessary to sustain the plea: the opinion being also that the question as to how long ago the offense was made known to an officer having the power to direct a public prosecution, although it is of course a question of fact, is not a question ■of guilt or innocence of the party accused, and is therefore within the appellate jurisdiction of this court.
149 La. 568
State v. Richard
Decided June 30, 1921
Supreme Court of Louisiana · decided 1921-06-30
O. B. Richard was convicted on three counts under an act prohibiting any parish officer, or subordinate officer, from drawing any money, directly or indirectly, from the parish treasury, other than his fees, salary per diem, and mileage, or dealing in parish warrants, claims, or paper. Ilis motion for new trial was denied, and he applies for certiorari, prohibition, and mandamus.
Cited by 8 later decisions — most recently January 1927
8 state decisions
Good law ✅— No negative treatment on recordhow we know
Applicant’s demands rejected and proceeding dismissed · Decided 1921-06-30
View the full empirical analysis of this case →