State v. Stringfellow
| Decision Date | 10 April 1911 |
| Docket Number | 18,183 |
| Citation | 128 La. 463,54 So. 943 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. STRINGFELLOW |
Disbarment proceedings by the State against William R. Stringfellow. Decree of disbarment.
Walter Guion, Atty. Gen. (Percy S. Benedict, of counsel), for the State.
William R. Stringfellow, pro se.
OPINION
This is an original proceeding before this court for the disbarment of the defendant. The charges are, first, that on October 29, 1909, under Nos. 37,492, 37,786, and 37,797 of the docket of the criminal district court of the parish of Orleans, the defendant was indicted for the crimes of embezzlement of the funds of one of his clients, of conspiracy to forge and utter as true a certain acceptance and waiver of citation in a suit for divorce, and of the forgery and uttering as true of this same acceptance of service and waiver of citation, and that the said accusations were all well founded, and that the defendant has been tried in said criminal court on this last-mentioned charge, and found guilty.
The defendant having applied to this court for a commission to take testimony on the said charges on which he had been thus already tried and convicted, and for which he was actually serving a term in the penitentiary, the state objected to any further inquiry being made into the guilt or innocence of the defendant on said charge; the said judgment and sentence against the defendant in the criminal district court being res judicata of said charge.
The case was regularly assigned for trial on the question thus raised, and was regularly heard; the defendant making no appearance.
That the said judgment, though possibly not technically res judicata, yet is conclusive, appears to us to be a plain proposition.
It is therefore ordered, adjudged, and decreed that the defendant be and is hereby disbarred, that his license to practice law as an attorney and counselor at law in this state be and is hereby revoked, and that he be condemned to pay the costs of these proceedings.
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Louisiana State Bar Ass'n v. Connolly
... ... ground for disbarment, the showing of such a conviction in a ... disbarment proceeding conclusively establishes the convicted ... attorney's guilt and his unfitness to continue the ... practice of law.' Cases cited supporting this statement ... are State v. Stringfellow, 128 La. 463, 54 So. 943; Underwood ... v. Com., 105 S.W. 151, 32 Ky.Law Rep. 32; State ex rel ... Sorensen v. Scoville, 123 Nev. 457, 243 N.W. 269; the ... dissenting opinion of Field, J., in Ex parte Wall, 107 U.S ... 265, 2 S.Ct. 569, 27 L.Ed. Ed. 552; People ex rel. Chicago ... Bar Ass'n ... ...
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Louisiana State Bar Ass'n v. Leche
... ... such a grave character in that state as to require his ... disbarment, when an order of suspension would adequately ... respond to the necessities of the case ... [201 La. 308] ... 'The authorities, including Dormenon's Case, 1 Mart., ... O.S., 129, and State v. Stringfellow, 128 La. 463, 54 So ... 943, cited by counsel for plaintiff, are appropriate to the ... merits of this proceeding, but they are not pertinent to the ... discussion of the soundness, vel non, of the exceptions filed ... by the defendant ... 'Although ... our ruling in this case may ... ...
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Mischlich, In re
...Cal.2d 602, 95 P.2d 932, 933--34 (1939); State ex rel. Sorensen v. Scoville, 123 Neb. 457, 243 N.W. 269, 271 (1932); State v. Stringfellow, 128 La. 463, 54 So. 943 (1911); A.B.A. Problems and Recommendations in Disciplinary Enforcement 131--135 (Approved Draft, June 1970); But cf. In re Keo......
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Keogh, In re
...as conclusive proof of his guilt of the crime charged (cf. In re Patlak, 368 Ill, 547, 15 N.E.2d 309, 116 A.L.R. 627; State v. Stringfellow, 128 La. 463, 54 So. 943; Underwood v. Commonwealth, 32 Ky. 32, 105 S.W. 151; State ex rel. Sorenson v. Scoville, 123 Neb. 457, 243 N.W. 269; People ex......