State v. Toney
| Decision Date | 13 March 1944 |
| Docket Number | 37330. |
| Citation | 205 La. 451,17 So.2d 624 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. TONEY et al. |
Victor Blackwell, of Franklinton, for defendants-appellants.
Eugene Stanley, Atty. Gen., Niels F. Hertz, Asst. Atty. Gen., James T. Burns, Dist. Atty., of Covington, and Guy V. Rich, of Bogalusa, for appellee.
The defendants, Latimore and Eddie Toney and Lois and Jessie Knight, are appealing from their conviction and sentence in the Juvenile Court for the Parish of Washington for having intentionally mistreated a minor of two by causing it to become intoxicated, relying for the reversal thereof on certain errors patent on the face of the record, i. e., (1) that the accusations upon which they were tried and convicted are invalid, failing to affirmatively show the defendants were above the age of seventeen, as required by Article 93 of Act No. 43 of 1942 (the Criminal Code), and (2) that the defendants were sentenced within less than twenty-four hours following their conviction, in contravention of Article 521 of the Code of Criminal Procedure.
One of the attorney general's assistants appeared in this court on behalf of the state, explaining that inasmuch as the position taken by the defendants was well founded in law on both points, no brief would be filed by the state.
While this court does not ordinarily review errors alleged to have occurred during the trial of a criminal case unless timely objection has been made to them and the necessary bills of exceptions reserved, 'When the certificate of the officer who has made up the transcript shows that the transcript is complete, the appellant may at any time, orally or in brief call the attention of the court to any error apparent on the face of the record, without making any formal assignment.' Article 560 of the Code of Criminal Procedure. See, also, Articles 502, 503, 558; State v. Hayes 104 La. 461, 29 So. 22; State v. Griggsby, 117 La. 1046, 42 So. 497; State v. Kierson, 140 La. 31, 72 So 799; State v. Croal, 198 La. 820, 5 So.2d 16; State v. Stoma 199 La. 529, 6 So.2d 650; and II Marr's Criminal Jurisprudence 1189, Section 769. As a matter of face, this court is charged with noticing ex proprio motu such nullities or defects as may be apparent on the face of the record. State v. Jordy, 161 La. 104, 108 So. 229; State v. Melson, 161 La. 423, 108 So. 894; and State v. Croal, supra.
It is elementary that the only crimes in this state are statutory and that every fact that forms an essential element of the crime intended to be charged must be alleged with certainty and prescision in the accusation, nothing being left to intendment or conjecture. The omission of any essential element of the crime renders the accusation invalid, whether it was brought by indictment, information, or affidavit. State v. Thibodeaux, 136 La. 935, 67 So. 973; State v Doremus, 137 La....
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State v. Cryer
...(1971), that the jury has no role in the fixing and imposing of sentences in noncapital cases. The defendants rely upon State v. Toney, 205 La. 451, 17 So.2d 624 (1944); State v. Sailbold, 213 La. 415, 34 So.2d 909 (1948), and State v. Dozier, 258 La. 323, 246 So.2d 187 (1971). These cases ......
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State v. Ceaser
...initial criminal charge against the defendant, whether brought by indictment or information. Gros, 43 So.2d at 233; State v. Toney, 205 La. 451, 17 So.2d 624, 625 (1944); Schleve, 775 So.2d at 12. La.Rev.Stat. §§ 46:2121-2142 (2003). ...
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State v. Smith
...v. Varando, 208 La. 319, 23 So.2d 106 (1945) (gambling); State v. Fazzio, 208 La. 296, 23 So.2d 99 (1945) (burglary); State v. Toney, 205 La. 451, 17 So.2d 624 (1944) (criminal neglect); State v. Hebert, 205 La. 110, 17 So.2d 3 (1944) (indecent behavior with juveniles); State v. Morgan, 204......
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State v. Thomas, 51514
...every fact and circumstance necessary to constitute the offense. State v. Chanet, 209 La. 410, 24 So.2d 670 (1946); State v. Toney, 205 La. 451, 17 So.2d 624 (1944). However, when the indictment or bill of information is drawn under the short form authorized by Article 465 of the Code of Cr......