State v. Hewitt

Citation59 So. 35,131 La. 118
Decision Date19 June 1912
Docket Number19,433
CourtLouisiana Supreme Court
PartiesSTATE v. HEWITT

Appeal from Seventh Judicial District Court, Parish of Richland; John R. McIntosh, Judge.

John Hewitt was convicted of crime, and appeals. Affirmed.

Allan Sholars, for appellant.

Walter Guion, Atty. Gen., and C. J. Ellis, Dist. Atty. (G. A. Gondran, of counsel), for the State.

OPINION

PROVOSTY, J.

For reasons assigned in State v. Hewitt, 59 So. 34, [1] No. 19,434, heretofore decided, the judgment herein is affirmed.

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Notes:

[1]Ante, p. 115.

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3 cases
  • State v. Straughan
    • United States
    • Louisiana Supreme Court
    • March 26, 1956
    ...Co.Ct., 132 N.Y.S.2d 32. 8 State v. Goodson, 116 La. 388, 40 So. 771; State v. Long, 129 La. 777, 56 So. 884; State v. Hewitt, 131 La. 115, 59 So. 35; State v. Bienvenn, 207 La. 859, 22 So.2d 196; State v. Varnado, 208 La. 319, 23 So.2d 106; State v. Pettifield, 210 La. 609, 27 So.2d 424; S......
  • State v. Dreher
    • United States
    • Louisiana Supreme Court
    • April 9, 1928
    ... ... service of amended indictment, unnecessarily, did not have ... the effect of setting aside the fixing of the case for trial ... State v. Evans, 135 La. 891, 66 So. 259; State ... v. Grimms, 143 La. 421, 78 So. 661 ... It is ... true that this court held in State v. Hewitt, 131 ... La. 115, 59 So. 34, without the citation of any authority, ... that a district attorney, [166 La. 940] though he may amend ... an information, has no power to amend an indictment ... Section 1047 of the Revised Statutes of 1870, however, is to ... the contrary, and ... ...
  • State v. Grimms
    • United States
    • Louisiana Supreme Court
    • April 29, 1918
    ... ... homicide. In that respect the case differs from that the ... State v. Morgan, 35 La.Ann. 1139, and others in ... which it was held that an indictment should not be changed ... with regard to the identity of a person named therein ... The ... expression in State v. Hewitt, 131 La. 117, 59 So ... 35, that the district attorney has authority to amend only ... bills of information, not bills of indictment, was ... unnecessary to the decision, and, being contrary to the ... statute on the subject, must be regarded as an inadvertent ... expression. A decision ... ...

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