The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-21
Supreme Court of Louisiana.

&Condensed Decisions--NEw ORLEANS, June 6, 1el9
The Supreme Court has Jurisdiction examine iudg
nent OF lower Court oveuiing application for
new trial in criminal case. The Jurisdiction Of tina
tribunal under art e3 Of the Constitution is limited, il
Il criminal cases, to questions of law alone.
THE STATE OF LOUISIANA Us. OLIVER HUNT
Bet al. Appeal from the First District Court Of
SNeW Orleans. . .EUsTIs, c. J. Hunt was con.
8victed of larceny in the Court below, and was sen.
tenced to two years imprisonment at hard labor in
8ihe penitentiary. He applied for trial on his
affidavit that he had, since the trial, discovered
1.-TWO witnesses, by whose testimony he could estab
fish an abb. The District Judge overrued the
application for new trial, and Hunt has appealed
from the Judgment awarding the sentence.
The Supreme Court considered the question
whether that tribunal, under the Constitution, can
freview the decision of lower Court, in refusing
5the application for new trial. The sufficiency OF
athe affidavit was not examined. The Court held
that 1t had no Jurisdiction, under the Constitution
ito inquire into the correctness of the decision of
lthe lower Court refusing new trial, which was a
question of fact, lying within the discretion of the
inferior tribunal, the jurisdiction of the Supreme
Court being limited, in criminal cases, to questions
lof law alone The following authorities were
jcited: Arnold, ct al. u.s. Duncan, IA Johnsons Rep
Az; Cranch IL 4 Wheaton 2l3; Wheaton,
PAS; Howard 4; Barr Us. Graiz Cranch 2lS !;
a Cranch 237; Cranch 1907 Cranch 152; 4
|Cranch 565 1t would be otherwise if the facts at.
tempted to be proved by the affidavit OF the prisoner
were to be confessed by the Attorney General, and
leases have occurred in which Courts have acted
upon the confession of the Attorney General, on
writs of error of errors in fact. Rex Wilkes, Al
Burrows 1850 The case of the Stale Us. Chariot
% Rob. $780, held not to be in point as the uris-
1clon of the late Court of Errors and Appeals, in!
criminal cases, was more extensive than that of the
present Supreme Court. The Judgment below was|
therefore affirmed with costs.
The Sunrems Can't has mn iurxd;cor IN exomro ind,
ment of a lower Court refusing continuance in al
crmina case.
The STATE OF LOUISIANA Us. JOHN LONG. :!
Appeal from The First District Court of Neu Orleans
EUsTIs, G. ]. Defendant appealed from judg-i
ment below cordemning him to two years mprs-l
onment at hard labor, for the offence of larceny.
Before the trial of the cause, he applied for con-
tinuance on the ground of the absence of material
and made an affidavit to that effect ToI
the refusal OF the Judge to continue the cause, de-
fendant took bill of exceptions Per curiam: Thsf
case is similar in principle to that of the State Us
Hunt, just decided, and for the reasons thereinS
given the judgment of the District Court is affirmed
with costs.
The statute of March g. 184l, which provides that in all
criminal prosecutions in the Criminal Court of the First
District for crimes and offences punishable by moe
than two years hard labor the proceedings may be by
information. not repealed by the Constitution of 1916
nor by subsequent legislation, and is in force in the Frs
District Court of New Orleans. under 142 of the
Constitution The different counts in information
need not all be signed by the prosecuting officer 1t suf
fees if the first count be signed and the other
attached thereto.
and Others. Appeal from the First District Counl
81 Neu Orleans. KING, J. Chief Justice EUsTIsS
tssenting.) Defendant was convicted of larceny
and has appealed. The proceeding against HING
was by Information, which he contends was unau.
horned by law. The Supreme Court held thats
H., e O
Ill criminal prosecutions in the Criminal Court of
he First District for crimes and offences punish. !
lble by not more than two years. hard labor, the
proceedings may be by information" was not re-
'ealed by The Constitution of 1915, but, on the :
contrary, was continued in force by the l42l article
II that Constitution. twas also commended by the
prisoners counsel that only one count of the in.
ormation bad been signed, and that the two counts
we're merely attached together by waters. Per Gu.
idm: We have been referred to no authority in &
Import of The position that the different counts of
N information should all be signed by the prose-
uing officer. The practice, both in this State, and
lnder the system from which rules of criminaSi
are borrowed, is otherwise. The two
cunts were sufficiently identified as one proceed. :
ng by being attached together. State Us. Lennon IL
Rob. L. SAB. Judgment below affirmed with costs f
EUsTs, Z. J. dissenting, was of opinion that the
Judgment ought to be arrested: l. Because theEI
ct of 1Sil is of peculiar character, and is anE
reception to the general law of the State g Be- b
ause the proceeding by information is not neces- =
ary-the mode of prosecution by indictment being 3
dequate to ensure the punishment of all offenders
Because the law of lS4l takes from the accused
ne protection of grand jury. In criminal cases,
xcept in misdemea nors, independent of this law.
efore the defendant can be put to answer the =
barge against him, the accusation must be war. I
anted by the decision, under oath, of twelve men,
he Criminal Court of the First District having ii
eased to exist, and this law being recognized by e
part of the act OF 1916, organizing the District E
ours, as understand it, l do not feel myself al 81
berry to adjudge it to be saved by remote and 3
necessary implication. =
CHANGE OF NAMEs.-The name of Blooming
N, in Iowa, has Teen changed tn Muscatine I,