State v. Griggsby

Citations

• 117 La. 1046
• 42 So. 497
• 1906 La. LEXIS 816

Syllabus

<p>1. Criminal Law — Bill or Exceptions — Recitals.</p> <p>When a bill of exception is signed by the judge, its recital that objection was made, overruled, and exception reserved on the trial is conclusive, in the absence of ofber competent evidence.</p> <p>['Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Daw*, § 2894.]</p> <p>2. Same — Notation or Objections — Duties- or Clerk.</p> <p>Under Act No. 113, p. 162, of 1896, the function of the clerk is confined to noting the facts to serve as a basis for bills of exception, and his notation of objections, rulings, and exceptions are without official authority.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig-vol. 15, Criminal Law, §§ 2828, 2829, 2831.]</p> <p>3. Same — Bills or Exception.</p> <p>Bills of exception should be presented at the trial, or the point should be expressly reserved and noted by the judge, and after trial embodied in a bill of exception without unnecessary delay, or within the delay fixed by rules of court. The mere date of the filing of a bill by the clerk does not per se show that the bill was not seasonably presented.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2828, 2829, 2831.]</p> <p>4. Witnesses — Impeachment—Convictions — Evidence to Establish.</p> <p>Convictions for crime are provable by extrinsic evidence to impeach the moral character of a witness, and also in contradiction of the answers of a witness for the same purpose; the discrediting of a witness being always relevant to the issue.</p> <p>TEd. Note. — For cases in point, see Cent. Dig-vol. 50, Witnesses, § 1161.]</p> <p>5. Homicide — Evidence.</p> <p>In a murder case, testimony as to the honesty and trustworthiness of the accused is irrelevant.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 26, Homicide, § 310.]</p> <p>6. Criminal Law — Appeal — Assignment or Errors.</p> <p>An assignment of errors should be in writing, but, in case of error apparent on the f