State v. Davis

Decided October 15, 1892

Supreme Court of Louisiana · decided 1892-10-15

<p>An indictment for larceny which shows that the offence was committed more than one year previous to the filing of the indictment, and there are no averments of the causes which suspend prescription, will he guashed and set aside.</p>

Cited by 2 later decisions — most recently April 1942

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-10-15

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¶1 *973The opinion of the court was delivered by

McEnery, J.

¶2The defendant was indicted for larceny, convicted and sentenced. He appealed, and has filed the plea cf one year prescription to the prosecution.

¶3The indictment charges the offence to have been committed on the - day of 1890.

¶4It was found and presented on the 4th August, 1892. The causes for the suspension of prescription are not averred in the indictment.

¶5The plea must prevail. Rev. Stat. 986; State vs. Victor, 36 An. 778; State vs. Joseph, 40 An. 5.

¶6It is therefore ordered, adjudged and decreed that the verdict and sentence appealed from be annulled, canceled and' reversed, and the defendant discharged.