State v. James
State v. James
Opinion of the Court
The accused having been convicted upon the charge of having in the daytime broken and entered into a railroad car, the property of the Louisiana Railway & Navigation Company, a corporation, with felonious intent to steal the goods in said car, has appealed, and relies for reversal upon the refusal of the trial judge to give the following special charge:
“Before you can find the accused guilty as charged in this indictment, the state must prove the existence of such a corporation.”
In State v. Accardo, 129 La. 666, 56 South. 631, where the indictment had failed to allege that the Texas & Pacific Railroad Company was a corporation, this court held the omission to have been unimportant. The same thing can be said in this case of the unimportance of proving’ that the Louisiana Railway & Navigation Company is a corporation. See, as to the allegation of incorporation being unnecessary, 12 Ency. of Pl. &
Judgment affirmed.
Reference
- Full Case Name
- STATE v. JAMES
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) Burglary (§ 28*) — Indictment—Evidence-Necessity. Under an indictment charging a breaking and entry into a railroad car of a specified railroad company, a corporation, with intent to commit larceny, the state need not prove that the company is a corporation. [Ed. Note. — Por other cases, see Burglary, Cent. Dig. §§ 67-78; Dec. Dig. § 28.*]