Opinion

State v. Pettifield

  • 210 La. 609
  • 27 So. 2d 424
  • 1946 La. LEXIS 820
Court
Supreme Court of Louisiana
Filed
Jun 14, 1946
Status
Published
Author
Hamiter
On the bench
Eennon, Fournet, Hamiter, Hawthorne, O'Niell
Cited by
11 cases
Authority
More cited than 39.8%

The opinion

HAMITER, Justice

(concurring).

The bill' of information in the instant case is defective, in my opinion, in that it fails to recite an unjustifiable absence from school on the part of the subject child, an essential element of the offense with which defendant is charged.

Of course, according to certain decisions of this court, a defective bill of information can be cured in some instances by an answer to a motion for a bill of particulars, the latter serving to amplify the former. State v. Miller, 170 La. 51 , 127 So. 361 ; State v. Brooks, 173 La. 9 , 136 So. 71 ; State v. Davis, 208 La. 954 , 23 So.2d 801 . The defect in the present one, however, has not been remedied by the district attorney’s answer to defendant’s motion for a bill of particulars; the answer does not supply the necessary recital.

I, therefore, respectfully concur in the decree.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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