Opinion

State v. Coney

258 La. 369
246 So. 2d 793
1971 La. LEXIS 4535

Court: Supreme Court of Louisiana
Filed: Mar 29, 1971
Status: Published
Author: Dixon
On the bench: Sanders, Dixon, Barham
Cited by: 8 cases

The opinion

DIXON, Justice

(dissenting).

I respectfully dissent from that portion of the opinion dealing with the validity of the sentence.

According to the language contained in them, Act 290 of 1970 and Act 174 of 1969 cover the same offense. Penal statutes must be strictly construed. The later act prevails. Therefore, the maximum sen *383 tence for simple escape from the penitentiary is five years.

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