No. 13,921.
STATE EX REL. LOUISA HOHN VS. JOSHUA G. BAKER, JUDGE OF THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS, AND JAMES HUGHES, RECORDER OF THE FIRST RECORDER'S COURT FOR THE CITY OF NEW ORLEANS.
SYLLABUS.
1. Where by an ordinance of the city of New Orleans the doing of a certain act is prohibited as a public nuisance, and violation of the ordinance made punishable by fine or imprisonment, and each day's continuance of the nuisance is made a separate offence, a party convicted by a recorder upon separate and distinct and successive charges for violation on successive days of the ordinance, and separately sentenced upon each charge, cannot by certiorari have the sentence set aside as being an illegal division into different offences of a single offence, where in none of the complaints is the party charged with more than one day's infraction of the ordinance.
2. The fact that evidence of the conviction of the accused of a prior and similar offence has been permitted to be introduced In evidence on his trial for the later offence and has served as a "make weight" in the determination of the later charge, does not Justify the claim that the party has been found guilty and punished a second time for the original offence, where other evidence has been introduced in support of the later charge, and the evidence of the prior conviction has been introduced by way of corroboration.
APPLICATION for writs of certiorari and prohibition.
