STATE v. MASINO

No. 39443.

43 So.2d 685 (1949)

216 La. 352

STATE v. MASINO et al.

Supreme Court of Louisiana.

Rehearing Denied December 9, 1949.


Attorney(s) appearing for the Case

Bolivar E. Kemp, Jr., Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Herve Racivitch, Dist. Atty., New Orleans, Edward A. Haggerty, Jr., Asst. Dist. Atty., New Orleans, for appellant.

Louis E. Jung, Alex W. Swords, Edward A. Generelly, New Orleans, for defendants and appellees.


MOISE, Justice.

The State is appealing from a judgment sustaining defendants' motion to quash the indictment brought against them for "negligent homicide" under Article 32 of the Louisiana Criminal Code.

The prosecution admits that this appeal presents fundamentally but one issue—"At what time was the crime committed?"

The State contends that the date of the consequences of the criminal act is the date that the crime was committed. The defendants...

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