STATE v. GARNER

No. 45399.

128 So.2d 655 (1961)

241 La. 275

STATE of Louisiana v. Robert GARNER.

Supreme Court of Louisiana.

Rehearing Denied April 24, 1961.


Attorney(s) appearing for the Case

Matthew S. Braniff, New Orleans, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Richard A. Dowling, Dist. Atty., Benjamin E. Smith, Asst. Dist. Atty., New Orleans, for appellee.


SUMMERS, Justice.

James Robinson (Robertson) and his wife, Mary, operate a saloon at 2012 Erato Street, New Orleans. On December 6, 1958, Mary Robinson placed a half-pint bottle of whiskey on the bar at the request of customers then patronizing the establishment. Robert Garner and Frank Hood, a companion, were also customers in the bar, though disassociated from the others, and Garner proceeded to help himself to some of the whiskey from the half pint. He was admonished...

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