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eBook details

• Title: Exxon Pipeline Co. v. Hill
• Author : Supreme Court Of Louisiana
• Release Date : January 15, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

COX, Justice. This is a petition for a writ of error to reverse the judgments in five cases in which the petitioner was sentenced to a term of not less than four nor more than five years in the State prison upon each of five complaints charging him with the crime of sodomy (a felony; G.L.[Ter.Ed.] c. 272, § 34; see G.L.[Ter.Ed.] c. 274, § 1), the sentences to run concurrently. The complaints were made to a District Court, and the petitioner was held for the Superior Court. G.L.(Ter.Ed.) c. 218, § 30, as amended by St.1941, c. 194, § 19. In the Superior Court the petitioner, being represented by counsel, waived indictment upon the charge alleged in each complaint and pleaded guilty, whereupon he was sentenced. This procedure conforms to the provisions of G.L.(Ter.Ed.) c. 263, § 4A, inserted by St.1934, c. 358, and Rule 100A of the Superior Court, adopted on October 6, 1934. The petitioner contends that said § 4A is unconstitutional in permitting a sentence for a felony upon a complaint rather than an indictment. The case is here upon the constitutional question involved upon the reservation and report, without decision by the single Justice. It is not now contended that the petitioners applications to waive indictment and for prompt arraignment upon the complaints were not properly approved by the Superior Court.

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