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STATE v. DUNCAN

No. 40399.

55 So.2d 234 (1951)

219 La. 1030

STATE v. DUNCAN.

Supreme Court of Louisiana.

November 5, 1951.

Attorney(s) appearing for the Case

Philip K. Jones, Baton Rouge, for defendant-appellant.

Bolivar E. Kemp, Jr., Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Fred S. LeBlanc, Dist. Atty., and Wilbur D. Atkins, Asst. Dist. Atty., Baton Rouge, for appellee.

FOURNET, Chief Justice.

The defendant, Joseph Duncan, was convicted in the City Court of Baton Rouge of unlawfully operating a motor vehicle while under the influence of intoxicating liquor, in violation of Article 98, Louisiana Criminal Code, LSA-RS 14:98, and sentenced as a second offender to seven months in the parish jail, the judge having taken judicial notice of the fact that the defendant had been previously convicted in the City Court of a similar offense...

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