State v. Gibson

Citations

• 120 La. 343
• 45 So. 271
• 1907 La. LEXIS 652

Syllabus

<p>1. Indictment — Amendment—Form.</p> <p>The amendment to the indictment was of form, and was duly made.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 27, Indictment and Information, §§ 505-514.]</p> <p>2. Criminal Law — Remarks of District Attorney Not Prejudicial.</p> <p>An unimportant remark of the district attorney (not addressed to the jury), which the court directed the jury to disregard, is not good ground of complaint.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. yoI. 14, Criminal Law, § 1693.]</p> <p>3. Same — Verdict—Return—Correction.</p> <p>The return of the jury through its foreman was sufficient. The foreman, thi’ough oversight, had not signed his name. The jury returned to their room of deliberation, and the capacity of their foreman, to wit, the word “Foreman,” was then added.</p> <p>The instruction given by the trial judge was not such as to vitiate the return.</p> <p>4. Same — Bill oe Exceptions — Refusal to Sign.</p> <p>The bill of exception was not signed by the court for reasons stated. The statement is challenged by the defense.</p> <p>Dnder established jurisprudence the judge’s statement was accepted as correct.</p> <p>It showed good reason for not signing the bill of exception.</p> <p>(Syllabus by the Court.)</p>