An information containing three counts was filed in the district court for Calcasieu parish. The first count charges that defendants kept a grog and tippling shop without previously obtaining a license from the police jury, or from any other authority; the other two counts, that defendants retailed spirituous and intoxicating liquors without previously obtaining a license from the police jury, or from any other authority.
Defendants moved to quash on three grounds: First, that, the parish of Calcasieu being a prohibition parish, the police jury was without authority to issue any license for the retailing of intoxicating liquors, or for the keeping of a grog and tippling shop; second, that the information alleges two separate and distinct offenses; third, that the acting district attorney, Robert L. Knox, was without authority to file the information, for the reason that he was not the duly elected district attorney, or had not been appointed by the Governor as such, but had merely been appointed by the court in certain cases to act in the place of the duly elected and commissioned district attorney.
The motion to quash having been overruled, defendants called for a bill of particulars, giving the names of the witnesses to whom defendants were alleged to have retailed spirituous and intoxicating liquors. This motion was disallowed; and defendants were found guilty on the first count
The eases of State v. Isaac et al., 129 La. 124, 55 South. 736, and State v. Moeling, 129 La. 204, 55 South. 764, effectually dispose of all the issues raised in this case. In the Moeling Case, counsel representing the present defendants presented for adjudication the same points which are now presented, and all these points were decided adversely. Further investigation convinces us that the rulings in the Moeling Case are correct.
We find no error in the rulings complained of, and the conviction and sentence appealed from are accordingly affirmed.