Supreme Court of Louisiana, 1978

State v. Cairns

State v. Cairns
Supreme Court of Louisiana · Decided January 13, 1978 · Are, Calogero, Dixon, Granted, Should, Tate
353 So. 2d 1049; 1978 La. LEXIS 7012 (Southern Reporter, Second Series)

State v. Cairns

Opinion of the Court

In re: John Cairns, applying for review and for Stay Order. Parish of Morehouse.

Writ denied.

Concurring Opinion

TATE, J.,

is of the opinion that no crime of unauthorized use of automobile is proved. The purchaser by a conditional sale agreement cannot be regarded as committing a criminal offense by his violation of the terms of the contract; that is a matter for the civil courts and for civil remedies, such as rescission or repossession to enforce the unpaid balance.

DIXON and CALOGERO, JJ., are of the opinion the writ should be granted.

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