State v. Carr

Supreme Court of Louisiana January 18, 1904

State v. Carr, 111 La. 716 (La. 1904)

35 So. 839; 1904 La. LEXIS 552

Nicholls

Opinion of the Court

NICHOLLS, C. J.

Defendant has appealed from a sentence of death pronounced against him under a conviction for murder.

I-Ie applied unsuccessfully in the lower court for a new trial, assigning as a ground that the verdict was contrary to the law and the evidence, and that two of the jurors were guilty of misconduct

*717There was some testimony taken on this latter point upon the hearing of the application, and a note made of several objections urged. We find this testimony and these objections in the transcript, but no bill of exceptions. The necessity for such a bill has been repeatedly announced. We cannot consider the objections so raised (State v. Haines, 51 La. Ann. 731, 25 South. 372, 44 L. R. A. 837; State v. Jessie, 30 La. Ann. 1170; State v. Dufour, 31 La. Ann. 804; State v. Comstock, 36 La. Ann. 308; State v. Wilson, 109 La. 74, 33 South. 85; State v. Napoleon, 104 La. 166, 28 South. 972), or the testimony so transcribed (State v. Hagan, 45 La. Ann. 839, 12 South. 929; State ex rel. Pettigrew v. Hall, 109 La. 290, 33 South. 318).

Por the reasons assigned, we have no alternative but to affirm the judgment.

The judgment appealed from is affirmed.

Reference

Full Case Name: STATE v. CARR
Cited By: 16 cases
Status: Published
Syllabus: CRIMINAL LAW—APPEAL—BILL OF EXCEPTIONS. 1. A note made by the clerk of court in a criminal case that the defendant has excepted and reserved a bill does not relieve the party from the necessity of writing out and having signed a bill of exceptions. 2. The evidence taken on the hearing of a motion for a new trial, though copied in the transcript, will not be considered, unless made part of a bill of exceptions. (Syllabus by the Court.)