City of Pineville v. Robinson

CITY OF PINEVILLE v. Bryant T. ROBINSON

City of Pineville v. Robinson, 256 So. 2d 427 (La. 1972)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: January 4, 1972
Docket: No. 51713
Judges: Ter
Citations: 256 So. 2d 427260 La. 4151972 La. LEXIS 5533

Cited by 4 2 descriptions by later courts

Opinion of the Court — Ter

Text extracted by OCR from a scanned original; check the original for exact wording.

TER CURIAM.

The defendant, Bryant T. Robinson, appeals from a conviction of operating a vehicle while intoxicated, for which he was sentenced to pay a fine of four hundred dollars. La.R.S. 14:98.

Defendant alleges the “Louisiana Uniform Traffic Ticket” under which he was charged, does not constitute a valid basis by which prosecution could be insti *417 tuted against him. However, we find the affidavit in this instance adequately meets both the statutory and constitutional requirements. (La.Const. art. I, sect. 10; La.R.S. 14:98 and 13:1894.1 (as amended by Acts 1970, No. 233, sect. 1); La.R.S. 32:398.4).

Assistant Police Chief Paul McLain signed the ticket as affiant, and his oath was properly sworn to and subscribed before the clerk of the court. See La.C.Cr.P. art. 385. The charge that the defendant did unlawfully operate a 1969 GMC pickup with vehicle license number 653-893 upon public highway 165, located within the City of Pineville, while intoxicated, in violation of R.S. 14:98, sufficiently informs the accused of the nature of the offense charged. See State v. Hightower, 238 La. 876 , 116 So.2d 699 (1959); State v. Dudley, 159 La. 872 , 106 So. 364 (1925).

The defendant further asserts that the filing and prosecution of the charges was not brought in accordance with La. R.S. 13:1894.1. The affidavit expressly states the offense took place within the territorial limits of the City of Pineville, and the minutes reflect a city attorney prosecuted the case, despite the defendant’s suggestion that these requirements of the statute were not met.

For the reasons assigned, the conviction and sentence are affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(affidavit form traffic ticket instituted prosecution where properly sworn to, subscribed before the clerk of the court, and contained sufficient information to inform the accused of the nature of the offense charged)

United States v. Wright, 797 F.2d 245 (5th Cir. 1986)

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

City of Kenner v. Marquis715 So. 2d 85 (La. Ct. App. 1998)
United States v. Patrick H. Wright, Jr, and William E. Armstrong797 F.2d 245 (5th Cir. 1986)
State v. Bordelon269 So. 2d 823 (La. 1972)
State v. Hampton274 So. 2d 694 (La. 1973)

Most recent

City of Kenner v. Marquis715 So. 2d 85 (La. Ct. App. 1998)
United States v. Patrick H. Wright, Jr, and William E. Armstrong797 F.2d 245 (5th Cir. 1986)
State v. Hampton274 So. 2d 694 (La. 1973)
State v. Bordelon269 So. 2d 823 (La. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	State v. Dudley, 106 So. 364 (La. 1925)	38
	State v. Hightower, 116 So. 2d 699 (La. 1959)	25

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