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263 La. 342

State v. Broussard

Supreme Court of Louisiana

Decided October 26, 1972

Supreme Court of Louisiana · decided 1972-10-26

Cited by 6 later decisions — most recently February 1976

6 state decisions

Relies on State v. Leming · State v. Kavanaugh · State v. Broussard

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-26

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PER CURIAM.

¶1' The defendant was convicted for violation of La.R.S. 26:88 (allowing “B” drinking) and appeals.

¶2Inasmuch as no bills of exceptions were .perfected, we are limited on appeal to a review of errors discoverable on the face of the pleadings and proceedings. La.C.Cr.P. art. 920. We find none. .

¶3Although in brief in this Court .the accused urges the statute under which, he is charged is unconstitutional, this issue was not properly raised in the trial; court and is not before us on appeal. Cf. La.C.Cr.P. arts. 532, 859; State v. Leming, 217 La. 257, 46 So.2d 262 (1950); State v. Kavanaugh, 203 La. 1, 13 So.2d 366 (1943).

¶4The conviction and sentence are. affirmed. ...

BARHAM, J.,

¶5dissents. See reasons assigned in State v. Broussard, 263 La. 340, 268 So.2d 247.

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