11 La. Ann. 648 | La. | 1856
It becomes immaterial to notice the constitutional question raised in this case, for it is conceded by the District Attorney that the indictment must rest either upon the 1st section of the Act of March 18th, 1852, p. 225, or upon the 23d section of the Act of March 15th, 1855, p. 380. It matters not
It is, therefore, ordered that the judgment of the District Court bo avoided and reversed, and that-judgment on the indictment in this ease be arrested, without prejudice to a further prosecution under a valid indictment.