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State v. Broussard

Supreme Court of Louisiana
Nov 21, 1972
268 So. 2d 247 (La. 1972)

Opinion

No. 52635.

October 26, 1972. Rehearing Denied November 21, 1972.

Leroy J. Falgout, Metairie, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Robert B. Evans, Jr., Asst. Dist. Atty., for plaintiff-appellee.


Defendant was convicted of violation of Jefferson Parish Ordinance #8053, Section 3-19, Paragraph 9 (allowing "B" drinking) and appeals.

Although it appears in the transcript of the trial that bills of exceptions were reserved, none were perfected as required by La.C.Cr.P. Arts. 844, 845. Therefore, we are limited on appeal to a review of errors discoverable on the face of the pleadings and proceedings. State v. Ash, 257 La. 337, 242 So.2d 535 (1971). We find none.

The conviction and sentence are affirmed.


Bills of exception were reserved but by a combination of fault by the clerk, the court and counsel for defendant they were not perfected. Since the fault is not alone attributable to defendant we should remand for perfection of bills. Appeals are favored in law. An effective appeal cannot be had here without a review of the bills of exceptions and the necessary evidence. We have the authority to afford relief and an adequate appeal.


Summaries of

State v. Broussard

Supreme Court of Louisiana
Nov 21, 1972
268 So. 2d 247 (La. 1972)
Case details for

State v. Broussard

Case Details

Full title:STATE OF LOUISIANA v. JOHN W. BROUSSARD

Court:Supreme Court of Louisiana

Date published: Nov 21, 1972

Citations

268 So. 2d 247 (La. 1972)
268 So. 2d 247

Citing Cases

State v. Broussard

BARHAM, J., dissents. See reasons assigned in State v. Broussard, 263 La. 340, 268 So.2d 247.…