The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-05-31
Supreme Court of Louisiana.
Condensed Decisions-NEw ORLEANS, May 30, 1919


Condensed Decisions-NEw ORLEANS MAY 80 1849
Under Article GO of the Constitution the Supreme Cour
will not entertain jurisdiction Of where pariI
has been adJudged after conviction prosecution 10
selling liquor to slaves. under the Act of April 2
1892. TO pay fine of $780, to forfeit any license
licenses he hold under authority Of the Stale
and TO be forever deprived of the right of obtaining
holding such licenses, and also to the costs of
cution, and be committed Jail until he satisfies suct
judgment. with the Jail fees, for term not exceeding
six months. The fine actually IMPOSED must exceed
$780, The forfeiture gives jurisdiction of itself mol
it aid the deficiency of the fine in that respect
THE STATE OF LOUISIANA u.s. A. MoNAsTERIs
80. Appeal from the First District Court Of Neu
Orleans. .EUsTIs, c. J. Defendant appealed
from n judgment below, by which he was, after
convicton, sentenced for the offence of selling
liquor to slaves TO forfeit any license licenses he
may hold under any authority of The State, and to
be forever deprived of the right of obtaining and
holding airy such licenses, and to pay fine OF
$500, and the costs of prosecution, which fine and
costs were to be paid into the hands of the Sheriff
Immediately in open Court after Judgment, and in
default thereof he was to be arrested and confined
in prison until siad judgment be satisfied and the Jail
fees paid, or for a term not exceeding six months.
The prosecution under the Act of April 2,
1882. The Attorney General moved TO dismiss the
appeal, on the ground that the fine imposed does
not erceed $500. After quoting Article 63 of the
Constitution, the Supreme Court say: "'fhe fine
imposed is not OF an amount sufficient TO give this
Court jurisdiction. The forfeiture gives no Jurs-
dcon of ITSELF can it aid the deficiency of the
fine in that respect. The costs, being matters of
course after conviction, can have no such effect
under the definite and positive limitation Of the
Constitutions Appeal dismissed at the cost of the
appellant"
1t improper for Judge in criminal prosecution to
inform the Jury that the lawoficer of the State had
formed him thai had been made out the part
of the State. when the Judge also the Jury
they bound to examine and decide the iespec-
tive of the opinion of the prosecuting counsel and the
prosecution has been abandoned by the State
The Jury not bound by the opinions of medical men,
who testify witnesses. to the of death of de-
ceased persons. but should weigh their testimony like
other evidence in the
The STATE OF LOUISIANA Us. VIM. BAILY
Appeal from. the FIRST District Court of New Or
leans. KING, J. Defendant was convicted of
murder, and has appealed from The judgment rem
dered thereon. He asked for reversal of the
judgment on the grounds presented in his bill of
exceptions, which were, firstly: that the Judge
below having informed the jury that the Attorney
General had privately informed him (ie Judge)
that no case had been made out by the State, he
requested the Judge To instruct the jury that they
We're bound to acqnit the prisoner but fhe Judge
instructed The jury that it their duty to exam
Inc and decide upon the case irrespective of the
opinion of the law officer Of the Stale. Secondly:
that he requested the Judge below to charge the
medical men, who had been examined as witnesses,
as TO the cause OF the death of the deceased, but
the Judge charged that the testimony Of the physi
caiis was To dc weighed IKE other evidence IN the
case. these grounds were held untenable and the
judgment below was affirmed with costs. The
Attorney General did not abandon the prosecution
below, and the issue presented had necessarily 10
be decided by the jury according to their oaths
Xvb.,s dsht no d,. Inv s,oc.,s;o, :, a.. rN n.
sns ~ no, ,;ou of ,hs hs;rs an .s,ion ~ e.,
same from The other heirs who have .ccsn,sd the suc
cesson purely and simply, must be instituted 10 the Dis
trct Conf where such Succeson is on ned and in con,s
of administration The Court seized with the succession
has the same exclusive powers over it which formerly
appeitaned 10 the Court of Probates. The Judiciary
Act 1856 has made no change In this respect
ELIZABETH CLEMENT, TUrRIx OF THREE MI
NoRs STony ps. UrNRy CIrNENr Sropy Eft
AL. .AppeaL from HE Second District Court of
Mem Orleans Rosr J. The plain,iH as tntriy
of The three minor children of the late BENJAMIN
Story. sued the heirs OF ace. alleging that Mr..
Story died before their father that her succession
was settled in the then Court of Probates and that
to secure the payment of the portion coming to
them from their mothers estate the father gave a
mortgage in favor of the Judge of the Court Of Pro-
bates on immovable property; that their father did
to do and that at his death he left besides the no.
Succession nnrrIv and simnlv. The nravar 10 thai
the heirs of aoe he cits and ordered IN rand.r an
accopnt and he adinJgal m nav tom ,har nor.
n.t.d o,, H. ;j - III ~ '''' '''A' '''o
IN n go ~ oPy -. - - ;:Io.:
c.. -, aaf ' ~ :" W. J;r =, t'o
60 ny 5 ~ ~ ~ VI po'yh
,r o'oiy ia" ooo ofonou ~ 'i'o io"' VI D'suic'
oou'' anu VIC '%'i "liu 'i'',ss put a. ISSUE arc
now AT issue ana "naec!deI between Inc same
Piltes III te r""tii Ds'lict cour' ana aiso III the
sui Oh MRS. Mackie against Inc olher heirs ior
partition, ana mat The fOurth District Court is The
only proper tribunal Tor The settlement OF the
succession OF b. Story ana all matters apperlaln-
ing thereto.
these exceptions We're sustained, the petition
was dismissed and piainflff appealed. Per cnradm
Ihere Is no error IN The Judgment. The success
SION OF Mrs Story has been finally settled and the
cias OF tne p'aintifs are debts Oh the succession
OF tier lather 10 De settled ~ the acton OF Par
no',' now end,ng before ,ne rou1t District Court;
CO.,, We 40 not understand that the Act OF
ioa6 has repealed The icrmer legislation; Within
the limits OF lhe city OF New orleans the parties
interested may elect IN which OF the District Courts
tneV VIII open a succession out when OF The