343 So. 2d 717
Decided March 7, 1977
Supreme Court of Louisiana · decided 1977-03-07
Cited by 4 later decisions — most recently February 1983
4 state decisions
Key passage — most relied on by later courts
““The City Court had no jurisdiction under either penalty. La. Const. Art. 1, Sec. 17 provides for jury trial when penalty may be for more than six months. R.S. 13:1895 prohibits jury trials in city court.””
quoted by 1 later decision, including State v. Davis
Good law ✅— No negative treatment on recordhow we know
Decided 1977-03-07
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¶1(concurring).
¶2The City Court had no jurisdiction under either penalty. La.Const. Art. I, § 17 provides for jury trial when penalty may be for more than six months. R.S. 13:1895 prohibits jury trials in city court. When a statute contains two penalties, under the rule of strict construction of penal statutes in favor of the accused, if the statute itself is upheld, only the lesser penalty is available.