Public-domain · open source
OpenJurist

176 La. 849

147 So 12

State v. Capps

Supreme Court of Louisiana

Decided February 27, 1933

Supreme Court of Louisiana · decided 1933-02-27

Cited by 6 later decisions — most recently February 1952

6 state decisions

Relies on State v. Watkins

Good law ✅— No negative treatment on recordhow we know

Decided 1933-02-27

View the full empirical analysis of this case →

O’NIELL, Chief Justice.

¶1 The defendant has appealed from a conviction and sentence for violation of the prohibition law, known as the Hood Act, being Act No. 39 of 1921 (Ex. Sess.), as amended by Act No. 57 of 1924. After conviction, and before' sentence, he filed a motion in arrest of judgment, contending that the Hood Act was repealed by Act No. 238 of 1932. The district attorney then pleaded that the act of 1932 was unconstitutional. The district judge overruled the motion in arrest of judgment, on the ground that Act No. 238 of 1932 was unconstitutional.

¶2 We decided to-day, in State v. Herbert Watkins, 176 La. 837, 147 So. 8, that Act No. 238 of 1932 was unconstitutional and that the Hood Act was therefore yet in effect.

¶3 For the reasons given in that ease, the conviction and sentence are affirmed.

ST. PAUL, J., absent on account of illness, takes no part.
/176/la/849 · .json · Public domain