State v. Johnson

Citations

• 119 La. 130
• 43 So. 981
• 1907 La. LEXIS 444

Syllabus

<p>1. Criminal Law —Bill oe Exceptions — Submission to District Attorney.</p> <p>A bill of exceptions to the opinion of the court should always be submitted to the district attorney before it is signed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2835.]</p> <p>2. Same — Words oe the District Attorney Objected to.</p> <p>There are different statements as to just what was said by the district attorney in argument.</p> <p>3. Same — Not Ground to Set Aside Verdict.</p> <p>Even if the statement made was just as defendant sets forth in the bill of exceptions, it does -not afford ground to set aside the verdict and sentence.</p> <p>Not every word uttered in the heat of argument can be taken as prejudicial.</p> <p>4. Same — Point Not Ruled Upon.</p> <p>It should be made to appear with certainty that the trial judge was directly called upon to decide a point raised.</p> <p>5. Same — Statement oe the Court must Govern.</p> <p>The trial court’s statement is that it did not refuse to permit rhe defense to call upon any bystanders to prove what the district attorney had said.</p> <p>This disposes of the objection.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2895.]</p> <p>(Syllabus by the Court.)</p>