From Casetext: Smarter Legal Research

State v. Bordelon

Supreme Court of Louisiana
Nov 28, 1972
263 La. 943 (La. 1972)

Opinion

No. 52715.

November 28, 1972.

Ford Nugent, William M. Ford, Alexandria, for plaintiff-appellee.

Gravel, Roy Burnes, Richard v. Burnes, Alexandria, for defendant-appellant.


Defendant was convicted in city court of driving while intoxicated (La.R.S. 14:98) pursuant to prosecution by the Pineville City Attorney on a charge which arose within the city limits of Pineville. The defendant was sentenced to pay a fine of four hundred dollars and serve sixty days in the parish prison. He appeals his conviction and sentence on the basis of one bill of exception reserved and perfected during the proceedings.

Prior to trial, defendant filed a Motion to Quash which alleged that the "Complaint-Affidavit" under which he was charged was vague, and the prosecution of this crime by the city attorney was unconstitutional as an infringement upon the powers of the district attorney. Defendant was charged under a "Louisiana Uniform Traffic Ticket and Complaint" in which all pertinent information was included. This court has previously held that such affidavit sufficiently informs the accused of the nature of the offense charged, and thus this ground is without merit. City of Pineville v. Robinson, 260 La. 415, 256 So.2d 427 (1972).

The second basis of complaint is that La.R.S. 13:1894.1. (which provides for prosecution by the city attorney, in city court, of violations of La.R.S. 14:98) is unconstitutional in that such prosecutions usurp the powers of the district attorney. This court has previously held that the statute simply establishes by general statewide law the functions of local government with regard to the prosecution of driving while intoxicated offenses. City of Baton Rouge v. Mahnken, 260 La. 1002, 257 So.2d 690 (1972). We find no provision in our State Constitution which forbids this. The bill of exceptions relied upon by defendant is without merit.

Kemp v. Stanley, 204 La. 110, 15 So.2d 1 (1943) is distinguishable on it facts from the present case.

For reasons assigned, the conviction and sentence are affirmed.


Summaries of

State v. Bordelon

Supreme Court of Louisiana
Nov 28, 1972
263 La. 943 (La. 1972)
Case details for

State v. Bordelon

Case Details

Full title:STATE OF LOUISIANA v. CLAUDE BORDELON

Court:Supreme Court of Louisiana

Date published: Nov 28, 1972

Citations

263 La. 943 (La. 1972)
269 So. 2d 823

Citing Cases

State v. Coody

Counsel contends that the instant prosecution should have been conducted by the District Attorney for the…