The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-22
SUPERIOR CRIMINAL COURT.
Judge whitaker 4uashes the InfOrma.
ti0n Against n. G. Dtbbte

At the opening of court yesterday morning
Judge Whitaker read the following decision
State OF Louisiana VS.. FL. G. Dibble-Indict-
meut for embezzlement-On the motion to
quash The only question necessary to be
passed upon under this motion is as to
whether sections 903 and 904 OF the Revised
Statutes have been repealed and their place
be now supplied by section 20 Of act A Of the
Legislature Of 1871.
The title of act No AZ reads: "An act to
provide revenue, to levy and collect taxes,
to grant and collect licenses, to provide GER
tain penalties and forfeitures, to provide for
the creation and removal Of revenue officers
and to define their duties, to punish certain
crimes and msdemeanors to create liens and
mortgages in favor of the State In certain
cases, to regulate the manner of the payment
OF moneys from the treasury, to prescribe
certain duties Of ju 5tices of the peace, State
and parish officers, to provide for the eollec-
tion OF back taxes Or licenses, and to repeal all
acts inconsistent Herewith"
Section 102 of this act reads: "That all laws
or parts Of laws on the subject Of raising rev.
enue, or the administration or collecting OF
the same, contrary to or Inconsistent with
this act, be and the same are hereby repealed"
Section 80 in effect amends, amplifies and
re-enacts the provisions OF sections SOB and 904
Revised Statutes, and changes and increases
the penalties for the commission Of the acts
denounced by the latter sections Section 90
ofact No. AZ of 1871 was section 88 of act No. GO
OF 1870, and act No. 80 Of 1870 declared that the
acts OF 1870 are to be held as the law In oppo-
sition Ito the Revised Statutes) and as repeal
ing those acts SO far as they may be In oppo-
sitiOn or conflict.
The title of act No. 60 Of 1870 reads: sTo
provide a revenue, to levy and collect taxes,
TO grant and collect licenses, to provide for
the creation, appointment and removal of
revenue officers, and to define their duties,
to punish certain crimes and miSdemeanors,
and to create liens and mortgages In favor Of
the State In certain cases. and to regulate the
of ,arf f,f fr~svr to
Treasury"
The repeating clause OF this act, section 100,
is as follows: ''That all laws or parts OF laws
on the subject Of raising revenue or the ad-
ministration OF the same, contrary to or in
consistent with this act be and the same are
hereby repealed"
The court has stated in general terms that
the Revised Statutes and section 80 Of the act
Of 1871, which is only q re-enactment OF sec
ton 88 Of the act of 1870, do not agree. One
OF the points of difference is that under the
provisions OF sections 903 and 904 prosecution
could be either by indictment or information.
Section 88 Of the act Of 1870 and section 50 of
the act of 1871 provide for the crime herein
denounced procedure by Indictment alone
In the case at bar the proceeding Is by way
OF information.
The court considers that section eighty
eight of act No. So Of 1870 repealed sections
that section is continued in force under the
provisions OF act No. AZ of 1871, and as that act
only prescribes punishment after Indictment
and conviction, that the motion to quash
must be maintained See Rex vs.. Gator,
Burrows 2026; U. s. vs. Wilburger, 5 Wheat
on rs; Bacon's Abridgment, vol. ill, p. 300;
Hawkins Pleas of the Crown, p. $50; Bartlett
vs.. King, IL Mari 357.
PLEADED NOT GUILTY.
Robbery-Henrietta Johnson and Ben Da-
Wis
SENTENCED.
Carrying concealed weapons-WIn. Haw--
thorn, five days in the Parish Prison.