No. 21776 Precedential Affirmed. Processed

State v. Matassa

Louisiana Supreme Court · Filed February 21, 1916 · 71 So. 190

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Opinion text

SOMMERVILLE, J. [1] The record contains no bill of exceptions or assignment of errors on the face of the record. [2] There is a motion for a new trial found in the record, which is unsworn to, and which was overruled; and the minutes recite that: “Counsel for defendant excepts and reserves a bill.” But no bill of exceptions was filed. “A notation by the clerk of court in a criminal case that the defendant excepted and reserved a bill cannot be considered a ‘bill of exceptions.’ ” State v. Latino, 138 La. 14 , 69 South. 857 ; State v. Miller, 138 La. 373 , 70 South. 330 , and authorities therein cited. Judgment affirmed.