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263 La. 340

State v. Broussard

Supreme Court of Louisiana

Decided October 26, 1972

Supreme Court of Louisiana · decided 1972-10-26

Cited by 2 later decisions — most recently October 1972

2 state decisions

Relies on State v. Ash

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-26

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PER CURIAM.

¶1Defendant was convicted of violation of Jefferson Parish Ordinance #8053, Section 3-19, Paragraph 9 (allowing “B” drinking) and appeals.

¶2Although it appears in the transcript of the trial that bills of exceptions were reserved, none were perfected as required by La.C.Cr.P. Arts. 844, 845. Therefore, we are limited on appeal to a review of errors discoverable on the face of the pleadings and proceedings. State v. Ash, 257 La. 337, 242 So.2d 535 (1971). We find none.

¶3The conviction and sentence are affirmed.

BARHAM, Justice

¶4(dissenting).

¶5Bills of exception were reserved but by a combination of fault by the clerk, the court and counsel for defendant they were not perfected. Since the fault is not alone attributable to defendant we should remand for perfection of bills. Appeals are favored in law. An effective appeal cannot be had here without a review of the bills of exceptions and the necessary evidence. We have the authority to afford relief and an adequate appeal.

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