State v. Edwards
State v. Edwards
Opinion of the Court
Defendant having been convicted of “keeping a blind tiger,” and duly sentenced, prosecutes this appeal, but has put in no appearance in this court, by counsel or otherwise.
We find in the transcript a bill of exception to the overruling of defendant’s objection to the following question propounded by the prosecution to a state witness, to wit:
“Did you find a number of empty bottles in the back yard and in the rear of defendant’s premises at the time she was arrested on the charges herein made against her.”
The question was not objected to as leading, but on the grounds that the bottles referred to were on defendant’s premises prior to the date of the offense charged, and had served in a previous prosecution and conviction.
The objection was frivolous and was properly overruled.
The other bill was reserved to the overruling of a motion in arrest of judgment which alleges:
That the indictment charges four distinct offenses in one count.
We have been able to discover but one.
All of the grounds thus stated, save the last, were considered, and held to be not well taken, in State v. Nejin, 140 La. 793, 74 South. 103, and the rulings in that ease are affirmed.
Judgment affirmed.
Reference
- Full Case Name
- STATE v. EDWARDS
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- Syllabus
- (Syllabus by the Court.) .1. Blind Tiger Act — Constitutionality. The rulings in State v. Nejin, 140' La. 793, 74 South. 103, upon various grounds of attack upon the constitutionality of Act No. 8 of 1915 (Ex. Sess.), are affirmed. 2. Intoxicating Liquors Act No. 8 of 1915 (Ex. Sess.), defines a blind tiger and penalizes the keeping of the same; it deals with the keeping for sale, etc., in dry territory, of spirituous, malt, and intoxicating liquors, whereas, Act No. 14 of 1916 deals with the selling or keeping for sale, etc., in dry territory of “malt liquors, whether intoxicating or not and whether containing alcohol or not.” The two statutes can, and should, be construed together, so as to give the utmost effect to each, and as the act of 1916 does not refer to whisky, the act of 1915 stands unrepealed in a case where the defendant is charged with keeping that beverage for sale. [Ed. Note. — For other cases, see Intoxicating Liquors, Cent. Dig. § 141.]