State v. Arbuno

Citations

• 105 La. 719

Syllabus

<p>Syllabus.</p> <p>i. A prisoner on trial, under our laws, can only exceptionally be permitted to stand by and suffer irregular proceedings to take place and then ask to have the proceedings reversed on account of such proceedings. Particularly is this so where the steps taken were taken at his own request. The law, by furnishing an accused party with counsel to defend him, places him on the same footing with ail other defendants, and if he neglects, in proper time, to insist upon his rights, he waives them.</p> <p>The introduction of secondary evidence without laying, at the time of its introduction, prior foundation therefor, can not be urged in the Supreme Court to reverse a judgment, where the record does not disclose, by bills of exception reserved at the time, that timely objection was made. It is too late to raise these objections in a motion for a new trial.</p> <p>3. The Supreme Court- does not take judicial notice of the rules of the District Court. Parties urging on appeal an infraction of these rules in the lower court, must file them in evidence and bring them up in the record. Proceedings below will be presumed to have- been conducted in the District Court in accordance with its rules, in the absence of proof to the contrary.</p> <p>4. The transfer from one section of the Criminal District Court for the Parish of Orleans to another, and a trial therein, are legal and constitutional, when done at the request of the accused, made in open court, and this fact is evidenced by the minutes of the court.</p>