State v. GreenState v. Green
- Reporters:
- Before:
- Levy
The opinion of the Court was delivered by
Levy, J.Narcisse Green and Arthur Meaux were jointly indicted for the crimе of larceny, tried and convicted, Green being sentenced to hard labor in the Penitentiary for the term of eighteen months and Meaux for two years. Green has alone aрpealed.
*1409The ’principal ground on which he relies fоr a reversal of the judgment is, that the judge a quo allowed the State to exercise more than six peremptory challеnges. He contends that the provision in Act No. 36 of 1880, which allоwed more than six peremptory challenges to the Stаte, i. e., six for each defendant when more than one is оn trial, is unconstitutional and void and contravenes Arts. 29 and 30 of thе Constitution of 1879, which articles are as follows : “ Art. 29. Every law enаcted by the General Assembly shall embrace but one objеct, and that shall be expressed in the title.” Art. 30. “ No law shall be rеvived or amended by reference to its title, but in such cases the act revived or section as amended shall be rе-enacted and published at length.” He also contends thаt Act No. 36 of 1880 amends section 997 and not section 998 of the Revised Statutes of 1870 ; also, that the title of said act embraces no amendment or repeal of said section 998.
It is unnеcessary to consider the arguments advanced both by сounsel for the defence and the prosecution аs to the effect of Act No. 36 of 1880, because the question is disposed of by Act No. 29 of 1878.
This last act was passed while thе Constitution of 1868 was in force, and in that Constitution there was no inhibition against the Legislature incorporating more than onе object in one bill. Art. 114 only requires that “ Every law shall express its object or objects in its titlе.” Act No. 24 of 1878, among other articles embraced in its title, contains the following : “ And to provide that in all criminal trials, wherе two or more defendants are jointly on trial, each dеfendant shall be entitled to twelve peremptory challenges, and that the State* shall be entitled to six peremрtory challenges for each twelve challenges tо which such defendants may be entitled under this act, and to repeal all laws in conflict herewith.”
Section 4 of that aсt enacts : “ That in all criminal trials, where two. or more defendants are jointly on trial, each defendant shall be entitlеd to twelve peremptory challenges, and that the Stаte shall be entitled to six peremptory challenges for each twelve challenges to which such defendants may be entitled under this section.” And Sec. 5, “ That all laws and part оf laws in conflict herewith, be and the same are hereby repealed, and this Act shall take effect from and after its passage;”
This then repealed sections 997 and 998 of the Revised Statutes of 1870, which were clearly and expressly in сonflict therewith.
The presence of the accusеd is not necessary in court during the filing, trial and disposition of a mоtion for a new trial. 32 An. 560 and authorities there cited.
The judgment appealed from is affirmed at appellant’s costs.