State v. Goodson

Citations

• 116 La. 388
• 40 So. 771
• 1906 La. LEXIS 506

Syllabus

<p>1. Criminal Law—Trial—Entries of Facts —Verification.</p> <p>If the district judge, under Act No. 113, p. 162, of 1896, gave instructions to the clerk to take down the facts, counsel had the right and it was their duty to have supervised and verified at the time the entries made by the clerk. They had the right to have the entries made by the clerk read in open court as made, and to have the same enlarged and modified if deemed insufficient. It was no part of the judge’s duty to do this for counsel. It was the duty of counsel to know at the time what was done by the clerk and they could not postpone finding, as jate as they did, what the situation was. They had the power to have known, and should have done so.</p> <p>2. Same — Bill of Exceptions — Correction Below.</p> <p>It has been the constant practice of the district judges to mention in the per curiam ■statement made in bills of exception any fact which, occurring after the ruling complained of, would go to show that the ruling, if erroneous, was harmléss, or had been waived.' As the Supreme Court, in criminal cases, deals only with questions of law, there should be some method by which the appellate court could come to a knowledge of the harmless character of the error or its waiver’. Either the judge should mention such fact, or the district attorney be afforded an opportunity to do so; otherwise, the greatest criminals might be released on totally unfounded grounds. If the judge in the per curiam statement should state any fact injurious to the defense or unwarranted, defendant is afforded an opportunity for correction by a_ motion for a new trial, and he should avail himself of that remedy.</p> <p>3. Same—Appeal—Review.</p> <p>The mere fact that a judge has given no reasons for his rulings furnishes no ground for reversal of the judgment appealed from.</p> <p>.[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 2991.]</p> <p>4. Same—Arraignment—Joint Indictment.</p> <p>Two out of three