State v. Ysasi, 41146
Decision Date | 23 March 1953 |
Docket Number | No. 41146,41146 |
Citation | 222 La. 902,64 So.2d 213 |
Parties | STATE v. YSASI. |
Court | Louisiana Supreme Court |
Richard A. Dowling, New Orleans, Anna Andollina, New Orleans, of counsel, for appellant.
Fred S. LeBlanc, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Severn T. Darden, Dist. Atty. and Howard J. Taylor, Asst. Dist. Atty., New Orleans, for appellee.
The defendant prosecutes this appeal from a conviction and sentence for having committed a battery on one Sidney Davilla, for which he was sentenced to serve a term of seven months in the Parish Prison. His appeal is based on one bill of exception pleading that there is an invasion of his constitutional right set out in Article 1, § 9 of the Constitution of Louisiana of 1921, which provides, in part:
'Nor shall any person be twice put in jeopardy of life or liberty for the same offense, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained.'
The defendant alleges that he was previously convicted and sentenced by the judge of Division 'E' of the Criminal District Court for the Parish of Orleans to pay a fine of $25, and to serve 30 days in jail for the same offense and tried on the identical facts upon which his present conviction by the judge of Section 'A' of the Criminal District Court, Parish of Orleans, is based.
The trial judge, in his per curiam to the bill of exception, made the following findings:
'* * * there were several distinct batteries committed by appellant on several persons, * * * and * * * each of these batteries * * * were distinct and separate offenses.'
The accused relies on the case of State v. Roberts, 152 La. 283, 93 So. 95, 97, 24 A.L.R. 1122, as authority for his complaint that he is being placed in jeopardy twice for the same offense. In ordering the accused discharged in the Roberts case supra, the court held:
The prosecution in the Roberts case was under Act No. 39 of 1921 of the Extra Session of 1921, which was passed at the time the Eighteenth Amendment of the Constitution of the United States was in force.
In State v. Yokum, 155 La. 846, 99 So. 621, 624, this Court discussed the plea of autrefois acquit or convict and stated on the first rehearing:
See also: 25 T.L.R. 405, 11 La.L.R....
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State v. Richmond, 53407
... ... ' State v. Cannon, 185 La. 395, 169 So. 446, 447 Cf. State v. Ysasi, 222 La. 902, 64 So.2d 213 (1953), a case factually very similar to the case at bar. In Ysasi, the defendant was tried and convicted of two separate ... ...
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State v. Melerine
... ... 326, 65 So. 478; State v. Heard, 107 La. 60, 31 So. 384. See, [236 La. 954] also, State v. Sawyer, 220 La. 932, 57 So.2d 899; State v. Ysasi, 222 La. 902, 64 So.2d 213; State v. Yokum, 155 La. 846, 99 So. 621 ... LSA-R.S. 15:282 prescribes that 'Any plea of former ... ...
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State ex rel. Smith v. Phelps
... ... E.g. State v. Cotton, 341 So.2d 362 (La.1976); State v. Pettle, 286 So.2d 625 (La.1973); State v. Richmond, 284 So.2d 317 (La.1973); State v. Ysasi, 222 La. 902, 64 So.2d 213 (1953); State v. Cannon, 185 La. 395, 169 So. 446 (1936) ... The true test to be applied in the case at ... ...
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State v. Cotton
... ... Pettle, 286 So.2d 625 (La.1973); State v. Richmond, 284 So.2d 317 (La.1973); State v. Ysasi, 222 La. 902, 64 So.2d 213 (1953); State v. Cannon, 185 La. 395, 169 So. 446 (1936) ... In the case at bar the two offenses ... ...