State v. Mestayer
| Decision Date | 03 February 1919 |
| Docket Number | 23332 |
| Citation | 80 So. 891,144 La. 601 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. MESTAYER |
A. V Coco, Atty. Gen., and T. A. Carter, Dist. Atty., of Alexandria (Thomas W. Robertson, of New Orleans, of counsel) for the State.
John R Hunter, of Alexandria, for appellee.
PROVOSTY J., takes no part, not having heard the argument.DAWKINS, J., dissents.
O'NIELL, J.
The state has appealed from a judgment quashing a bill of information in which the defendant was accused of violating Act No. 72 of 1912. The statute penalizes the making of a false statement in writing, respecting one's financial condition or means or ability to pay, with the intent that it shall be relied upon and for the purpose of procuring 'the making of a loan or credit, the extension of credit,' etc.
The accusation in this case was that the defendant made a false statement in writing, respecting his financial condition, with the intent that the statement should be relied upon, and 'for the purpose of procuring the extension of credit of a certain account due by him to B. F. Thompson,' etc.
The motion to quash the bill of information was founded upon the contention that the law did not make it an offense to make a false statement to procure an extension of an account already due, or to procure an extension of the time of payment of an account already due. The defendant averred, in his motion to quash, not only that Act No. 72 of 1912 did not prohibit the doing of what was charged in the bill of information, but also that the statute was unconstitutional and invalid, because of the omission to declare that the conduct penalized should constitute a crime or misdemeanor. It was admitted by the district attorney that what he meant by an extension of credit of an existing account was merely an extension of time for payment of the account.
The district judge ruled that Act No. 72 of 1912 did not penalize the making of a false statement to procure an extension of time for payment of an existing debt. And he went further and adjudged the statute unconstitutional and invalid because of the omission to declare that the conduct penalized should constitute a crime or misdemeanor.
The learned counsel for defendant concedes that, according to the ruling in State v. Allen, 129 La. 733, 56 So. 655 Ann. Cas. 1913B, 454, the omission of Act No. 72 of 1912 to declare that the conduct penalized shall constitute a crime or misdemeanor does not render the...
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