227 So. 2d 913 | La. | 1969
We granted a writ of certiorari, 254 La. 275, 223 So.2d 406, in this case on the application of the defendant, William Joseph Benson, Jr., in order that we might review the ruling of the trial judge denying his plea of prescription on the ground that more than one year had elapsed since the date of the filing of the bill of information charging him in two counts, first with letting a disorderly place and second with gambling, both misdemeanors in violation of L.R.S. 14:105
* * * (3) In misdemeanor cases after one year from the date of institution of the prosecution. * *
According to the record it appears the bill of information against the accused was filed on May 18, 1967. In overruling the defendant’s plea of prescription filed April 17, 1969 the court relied upon Article 580 of the Code of Criminal Procedure
The State, relying upon the provisions of Article 579 of the Code of Criminal Procedure,
As previously pointed out the preliminary motions filed on behalf of the defendant were filed after the prescriptive period had already run and clearly the so called “manipulations” by the defense attorney were confected with the consent of the State’s attorney, i. e., the case of Benson would be deferred until the case against Iachino was tried, and, therefore, cannot be said to be “beyond the control of the State.”
The State is barred from further prosecution of the case, having failed to do so within one year. Whether .or not the court and the State were taken advantage of is not an issue in this case and of which we express no opinion.
For the reasons assigned the ruling of the trial judge is reversed and,
It is now ordered, adjudged and decreed that the plea of prescription be sustained and the case against the defendant is ordered dismissed.
. “Letting a disorderly place 'is the granting of the right to use any premises knowing that they are to be used as a disorderly place, or allowing the continued use of the premises with such knowledge.
“Whoever commits the crime of letting a disorderly place shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both.”
. “Gambling is the intentional conducting, or directly assisting in the conducting, as a business, of any game, contest, lottery, or contrivance whereby a person
“Whoever commits the crime of gambling shall be fined not more than five hundred dollars, or imprisoned for not more than one year, or both.”
. “When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 shall be suspended until the ruling of the court thereon; but in no case shall the state have less than one year after the ruling to commence the trial.”
. “The period of limitation established by Article 578 shall be interrupted if:
(1) Tlie defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or
(2) The defendant cannot be tried because of insanity or because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state.
The period of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.”