State v. Monfre

• Decision Date: 14 December 1908
• Docket Number: 17,383
• Citation: 122 La. 513,47 So. 876
• Court: Louisiana Supreme Court
• Parties: STATE v. MONFRE Ex parte MONFRE

47 So. 876

122 La. 513

STATE v. MONFRE

Ex parte MONFRE

No. 17,383

Supreme Court of Louisiana

December 14, 1908

Petition of Joseph Monfre for habeas corpus and certiorari. Petition denied.

See, also, 47 So. 543, ante, p. 251.

John Quincy Flynn, for relator.

OPINION

BREAUX, C.J.

A bill of information was filed against Joseph Monfre, charging him with the crime of attempting to blow up, with explosives, the house and store of C. Graffinini.

He was tried on the 27th day of August, 1908; he was sentenced to serve 20 years.

Pending the trial, the Legislature then in session passed a law known as Act No. 263, p. 384, of the session of 1908.

He alleged that the last act had the effect of repealing prior acts. This contention is erroneous. The last act, in its last sentence, does away with that which is sometimes mentioned as a "legislative pardon." The terms of the last act are a complete answer to the application. Even if it had been urged in time, it would be of no avail.

See the terms of Act No. 263, p. 384, of 1908.

Applicant's demand is rejected, and his petition dismissed.