No. 35244. Precedential Processed

State v. Carlson

Louisiana Supreme Court · Filed April 3, 1939 · 188 So. 155

Cited by

State v. Ash 242 So. 2d 535 La. 1970
State v. Forsythe 144 So. 2d 536 La. 1962
Parquet v. Parquet 141 So. 2d 444 La. Ct. App. 5th Cir. 1962
State v. Richard 89 So. 2d 367 La. 1956
Cobbs v. Jackson 85 So. 2d 368 La. Ct. App. 1st Cir. 1956
State v. Ware 84 So. 2d 56 La. 1955
State v. Scott 78 So. 2d 832 La. 1955
State v. Dartez 62 So. 2d 83 La. 1952
State v. Woods 55 So. 2d 902 La. 1951
State v. McDonald 48 So. 2d 797 La. 1950
State v. Honeycutt 49 So. 2d 610 La. 1950
State v. Roy 47 So. 2d 915 La. 1950

all 17 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Barrett 137 La. 535
State v. Snowden 174 La. 156
State v. Simmons 118 La. 22
State v. Festervand 189 La. 226

Opinion text

PONDER, Justice. The defendant, E. A. Carlson, was convicted of the crime of grand larceny. *503 The defendant’s counsel filed a motion for a new trial which was overruled by the lower court. From the extracts of the minutes of the lower court in this case it appears that the defendant’s counsel excepted to the overruling of the motion for a new trial and reserved a bill. The defendant’s counsel did not prepare a formal bill of exception and present it to the lower court for its signature and per curiam. The defendant was sentenced to the penitentiary to serve a term of not less than one, nor more than three years. The defendant’s counsel appealed. Bills of exceptions must be prepared and presented to the trial court for its signature 'and per curiam before an appeal is taken. Articles 542 and 543, Code of Criminal Procedure; State v. Barrett, 137 La. 535 , 68 So. 945 ; State v. Snowden, 174 La. 156 , 140 So. 9 . The defendant’s counsel contends that there was no evidence on which the lower court could sustain a verdict of guilty. We find1 testimony copied in the record but it cannot be considered by this court because it is not annexed to and made a part of a formal bill of exception. State v. Simmons, 118 La. 22 , 42 So. 582 . There being no formal bill of exception prepared and presented to the trial court for its signature and per curiam, no assignment of error, and no error on the face of the record the conviction and sentence must be affirmed. State v. Festervand, 189 La. 226 , 179 So. 297 . For the reasons assigned the conviction and sentence are affirmed. HIGGINS, J., absent.