State v. Foley

Citations

• 113 La. 206
• 36 So. 940
• 1904 La. LEXIS 637

Syllabus

<p>CRIMINAR RAW — ARREST OE JUDGMENT — APPEAR — REVIEW.</p> <p>1. The district court disallowed a motion in arrest of judgment, which was based upon the fact that on the record prosecution for the crime charged was barred by limitation, as the indictment contained no averments which tended to check the running of prescription. The reason assigned for this action was that the evidence taken on the trial disclosed that the date of the commission of the offense had been inadvertently set back one year. 'Held that, the asserted error not having been corrected, the court had to pass upon the motion on the record as it stood, and could not break the force of the application by taking notice ex officio of the testimony which had been adduced, and that on appeal the judge’s statements of fact had to be disregarded.</p> <p>(Syllabus by the Court.)</p>