No. 15,067 Precedential Affirmed. Processed

State v. Carr

Louisiana Supreme Court · Filed January 18, 1904 · 35 So. 839

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Opinion text

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 *717 There 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.