No. 27465. Precedential Processed

State v. Smith

Louisiana Supreme Court · Filed November 2, 1925 · 106 So. 298

Cited by

State v. Blackwell 298 So. 2d 798 La. 1974
State v. Banks 246 So. 2d 191 La. 1971

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Miller 138 La. 373
State v. Simmons 118 La. 22
State v. Bradley 136 La. 55
State v. Carr 111 La. 716
State v. Pastor 35 So. 839
State v. Pullen 130 La. 249
State v. Haynes 133 La. 671
Maisonneuve v. Dalferes 63 So. 261
State v. Munlin 133 La. 60
State v. Riney 125 La. 121

Opinion text

LAND, .J. Under an indictment for resisting an officer, defendant was convicted by a jury of five, and sentenced to the penitentiary for a term of not less than 12 nor more than IS months. *769 Defendant has made no appearance in this court through counsel. However, we have examined the record carefully, and find no error patent upon its face. While a motion for a new trial is found in the transcript, no formal bill of exceptions was reserved to the overruling of this motion, counsel for defendant having caused a mere notation of reservation of the bill to be entered by the clerk. A mere notation by the clerk that defendant excepted and reserved a bill cannot be considered a bill of exceptions. State v. Miller, 138 La. 373 , 70 So. 330 ; State v. Simmons, 118 La. 22 , 42 So. 582 ; State v. Bradley, 136 La. 55 , 66 So. 395 ; State v. Carr, 111 La. 716 , 35 So. 839 . A motion for a new trial, without a proper and formal bill of exception, presents no question of law for review by this court. State v. Pullen, 130 La. 249 , 57 So. 906 ; State v. Haynes, 133 La. 671 , 63 So. 261 ; State v. Munlin, 133 La. 60 , 62 So. 351 ; State v. Riney, 125 La. 121 , 51 So. 89 . The conviction and sentence are therefore affirmed.