State v. Carriere
Decision Date | 30 January 1911 |
Docket Number | 18,574 |
Court | Louisiana Supreme Court |
Parties | STATE v. CARRIERE |
Appeal from Sixteenth Judicial District Court, Parish of St. Landry B. H. Pavy, Judge.
Hilaire Carriere was convicted of burglary, and appeals. Affirmed.
E. P Veazie, for appellant.
Walter Guion, Atty. Gen., and R. Lee Garland, Dist. Atty. (R. G Pleasant, of counsel), for the State.
"That Hilaire Carriere, at the parish of St. Landry, on or about the 13th day of January, in the year * * *, in the daytime, * * * the dwelling house of James Houston, situated in the parish of St. Landry, feloniously and burglariously did break and enter, with the intent the goods of said James H. Houston, in said dwelling then being found there and in said dwelling house, feloniously and burglariously to steal, take, and carry away; and the said Hilaire Carriere, in said dwelling house, then feloniously and burglariously did steal, take, and carry away one watch, of the value of eighteen dollars, of the goods and chattels of James H. Houston."
The judge charged the jury that the only verdicts they could find were "guilty" or "not guilty." Whereupon defendant, through his counsel, requested that he charge that the jury might also bring in a verdict of larceny, which request was refused, and a bill was reserved.
The points relied on are not well taken for:
Marr's Crim. Jur. of La. p. 173, and note, pp. 173, 174 -- citing State v. Johnson, 34 La.Ann. 50; State v. Perry, 116 La. 231, 40 So. 686; State v. Nicholls, 37 La.Ann. 779; State v. King, 37 La.Ann. 662; State v. Brown, 35 La.Ann. 1058; State v. Depass, 31 La.Ann. 489; State v. Robinson, 40 La.Ann. 730, 5 So. 20.
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