fore any court of competent jurisdiction; and the party so offend- against officers Sec. 970. If any officer of said drainage districts shall refuse Penalty to perform any duty required of him by this act, he shall be of drainage deemed guilty of a high misdemeanor and on conviction thereof districts for reshall be punished by fine or imprisonment, or both, at the dis- form duty. cretion of the court. Act 1869, p. 49. fusal to per call for assist Sec. 971. The sheriff or his deputy, or the coroner or constable in whose hands any warrant to arrest a person accused of Sheriff may any crime has been placed, shall have the right, and it is hereby ance when made his duty, if he should deem it necessary to assist or enable necessary. him to execute any such writ, to summon as many persons as to him may seem necessary in making such arrest, and all such persons so summoned by any of said officers, not under eighteen nor over forty-five years of age, who shall fail or refuse to render such aid and to obey the officer in executing such writ shall, on conviction thereof, be fined in a sum of not less than one hundred nor more than five hundred dollars, and be imprisoned in jail not less than one month nor more than six months, at the discretion of the court; and it is hereby made the duty of all such sheriffs, deputies, coroners, constables, or other persons authorized to make arrests, to report to the next grand jury any such delinquency or failure to assist such officer. D. Sec. 1084, 1950, 3590. Act 1868, p. 191. ACCESSORIES. before the fact, Sec. 972. Whoever shall be convicted as accessory before the Accessories fact to any crime or offense, shall suffer the same kind and ex- how punished. tent of punishment, according to the circumstances of the case, as might lawfully be inflicted upon the principal offender for such crime or offense. Act 1855, p. 130; Voorhies'Cr. Jur. p. 106. after the fact, Sec. 973. Whoever shall be convicted as accessory after the Accessories fact to any crime or offense, shall suffer fine or imprisonment, or how punished. both, at the discretion of the court. Voorhies' Cr. Jur. p. 111. PUNISHMENT. Sec. 974. The judge shall have the power to sentence any per- Punishment son who may be convicted for a second or third offense, to double for the second, and triple the penalty imposed by law, and for a fourth offense, fourth of the person so convicted may be sentenced to perpetual imprison- fenses. ment. Voorhies'Cr. Jur. p. 87. third and Sentence of death in Orleans, how executed. Sec. 975. In all cases where the sentence of death shall have been pronounced upon any person in the parish of Orleans, it shall be executed by hanging the person by the neck until he be dead, within the inclosure of the prison of the parish, in the presence of the sheriff, and at least four witnesses residing therein, who shall duly attest the same under oath, which attestation shall be returned by the sheriff to the court which pronounced the sentence. Form of indictment for murder, Indictment for manslaughter, . . 1048 In indictment for forging, uttering, etc., any instrument, what description of instrument is sufficient,. 1049 What description sufficient in indictment for engraving any instrument, etc., . . What designation sufficient in indictment of instrument in writing, print or figures, . . 1050 1051 1052 1053 What sufficient allegation and proof of fraud in forgery, etc., Jury may, on indictment charging the commission of an offense, bring in verdict of attempt to commit said offense,... On indictment for robbery, jury may bring in a verdict of guilty of an assault with intent to rob, . . . 1054 How a person shall be disposed of who is indicted for one offense and appears by the evidence to be guilty of another, . . 1055 Person indicted for embezzlement, as a clerk, etc., may be found guilty of larceny; and vice versa, . . 1056 On a joint indictment for receiving property, any of the parties may be found guilty who shall be proved to have received any part of said property, . . Accessories and receivers may be tried before the principal, . . . 1058 Certain distinct acts of stealing may 1057 be inserted in different counts in same indictment, . . . . . . 1059 When and how prosecutor may be held to elect in indictment for larceny, 1060 What is sufficient description in in dictment of money or bank notes, 1061 |