State v. Broussard

Oct 26, 1972
No. 52634
Versions:268 So. 2d 248
263 La. 342
1972 La. LEXIS 5415

Lead Opinion

PER CURIAM.

' The defendant was convicted for violation of La.R.S. 26:88 (allowing “B” drinking) and appeals.

Inasmuch as no bills of exceptions were .perfected, we are limited on appeal to a review of errors discoverable on the face of the pleadings and proceedings. La.C.Cr.P. art. 920. We find none. .

Although in brief in this Court .the accused urges the statute under which, he is charged is unconstitutional, this issue was not properly raised in the trial; court and is not before us on appeal. Cf. La.C.Cr.P. arts. 532, 859; State v. Leming, 217 La. 257, 46 So.2d 262 (1950); State v. Kavanaugh, 203 La. 1, 13 So.2d 366 (1943).

The conviction and sentence are. affirmed. ...





Dissenting Opinion

BARHAM, J.,

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