No. 14,499 Precedential Reversed. Processed

State v. Wilson

Louisiana Supreme Court · Filed June 16, 1902 · 33 So. 85

Cited by

State v. Square 244 So. 2d 200 La. 1971
State v. Harrell 82 So. 2d 701 La. 1955
State v. Asher. 34 So. 2d 399 La. 1948
State v. Evans 66 So. 259 La. 1914
State v. McCrocklin 57 So. 645 La. 1912
State v. Carr 35 So. 839 La. 1904
State v. Williams 35 So. 505 La. 1903

Authorities cited

Identified automatically; this list may not be exhaustive.

30 La. Ann. 1170 not in our corpus
31 La. Ann. 804 not in our corpus
State v. Comstock 36 La. Ann. 308

Opinion text

PROYOSTY, J. The defendant was convicted of rape, and" sentenced to be hanged. The record contains no bill of exception or assignment of error, and we find no error on the face of the record. T ; complaint is that incompetent evidence was admitted.. In the absence of a bill, we are powerless to review' *75 the ruling. We find in the transcript the testimony of the witness, together with the following: “Upon the court ruling that the witness was competent, the defendant excepts thereto, and reserves this, his bill of exceptions.” Under a special statute, this would suffice for a bill in a civil case, but it does not in a criminal case. State v. Jessie, 30 La. Ann. 1170 ; State v. Dufour, 31 La. Ann. 804 ; State v. Comstock, 36 La. Ann. 308 . (Dec. 15, 1902.) It is therefore ordered, adjudged, and decreed that the judgment appealed from be affirmed. BREAUX, J., dissents. See dissenting opinion of BLANCHARD, J., 33 South. 86 .