State v. Lee

Citations

• 116 La. 607
• 40 So. 914
• 1906 La. LEXIS 537

Syllabus

<p>1. Criminal Law—Appeal—Defective Record-Remand.</p> <p>Where many steps necessary to the regularity of the proceedings were probably taken, but the minutes fail to show the fact, the court may, in furtherance of justice, remand the case, with leave to the trial court to correct the minutes so as to conform to the truth.</p> <p>[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, §§ 2903, 2904.]</p> <p>2. Same—Imperfect Record—Oeetioeari.</p> <p>The state, as appellee in a criminal prosecution, is not responsible for defects in the transcript of appeal, and, though this court may not be willing to affirm a conviction unless it appears to have been legally obtained, it is unwilling to set aside a valid conviction merely because, by the negligence of the clerk of the trial court, such transcript has been imperfectly prepared; hence, it is well settled that the writ of certiorari may be used as an auxiliary process in order to obtain a perfect transcript.</p> <p>[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, §§ 2911-2915.]</p> <p>3. Exceptions, Bills of—Signing—Rules of Court.</p> <p>Judges of the district courts are authorized to establish rules of practice in their courts, where the law is silent, and the establishment of a rule, requiring bills of exception, in criminal cases, to be presented for signature not later than the day following that upon which they are reserved, is a competent exercise of that authority ; the rule being neither in conflict with law, oppressive, nor unreasonable.</p> <p>4. Criminal Law—Trial.</p> <p>The prosecuting officer and the counsel for the defense, in a criminal trial, have equally the right to submit to the jury the conclusions suggested to their minds by the evidence adduced.</p> <p>[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, §§ 1663-1667.]</p> <p>5. Same —New Trial —Errors by Interpreter.</p> <p>Where an interpreter has been accepted by the defense, in a criminal tr