269 So. 2d 809 | La. | 1972
Rehearing
For the reasons assigned in State of Louisiana v. Evelyn Beene, 263 La. 865, 269 So.2d 794, on the docket of this Court, in which judgment was rendered this day, the judgment and decree heretofore rendered is reversed and set aside, and the judgment of the trial court is reinstated. The conviction and sentence are affirmed.
Lead Opinion
The defendant Mildred Gantt was charged with selling beer in Ward 5 of Claiborne Parish in violation of an ordinance of that parish of November 5, 1941, prohibiting the sale or keeping for sale of alcoholic beverages having a content of more than one-half of one per cent alcohol by volume. Upon conviction she was sentenced to serve four months in the parish jail and to pay a fine of $400.00. She has appealed.
Bills of exceptions taken to the denial of a motion to quash and a motion in arrest of judgment present the same constitutional issue decided by us in State of Louisiana v. Beene, 263 La. 865, 269 So.2d 794, handed down today; and what we have said in Beene is equally applicable to this case. See also State of Louisiana v. Ellis, 263 La. 904, 269 So.2d 808, this day decided. Accordingly Claiborne Parish ordinance of November 5, 1941, is hereby declared unconstitutional insofar as it applies to alcoholic beverages of less than 3.2 per cent alcohol.
For the reasons stated, the bill of information is ordered quashed, the conviction and sentence are set aside, and the defendant is ordered discharged.
Rehearing
On Rehearing
(dissenting).
See my dissent on rehearing in State v. Beene, 263 La. 865, 269 So.2d 794, this day decided.
