State v. Maloney

Citations

• 115 La. 498
• 39 So. 539
• 1905 La. LEXIS 689

Syllabus

<p>1. Cbiminal Law — Appeal — Demubber to1' Evidence — Review.</p> <p>Where a district judge overrules a demurrer to the evidence adduced in a criminal case and proceeds at once to render judgment on the merits, finding the accused guilty and sentencing him, the Supreme Court cannot on appeal go behind the judgment and decide whether the judgment and sentence were sustained by the law and the evidence submitted to the court. The jurisdiction of the Supreme Court is confined to questions of law. It can pass (under a bill of exception^) upon the admissibility of evidence received in a case, but not upon its effect after it has reached the jury, or (in a case tried by the court alone) after it has been submitted to and acted on by the judge.</p> <p>2. Same — Bill of Exceptions.</p> <p>The Supreme Court will not pass upon certain questions, unless brought before it under a bill of exceptions; but it does not follow, because a bill of exceptions has been taken, that it will pass upon them. Issues raised must be such as will fall within the appellate jurisdiction, and they must have been presented at the time and in the manner and in form as required by the law and the rules of practice.</p> <p>3. Same — New Trial — Grounds.</p> <p>Great latitude is given defendants in criminal cases in assigning in the trial court grounds for a new trial. The right to apply for a new trial and the authority given to the trial court to grant the same are the great remedies afforded by the lawmaker for the ascertainment of and for relief from error and injury, but many of those grounds can- never be assigned in the Supreme Court on appeal. Complaints urged, which, if well founded, would result in a complete rejection of and bar to the action, find no place in a motion for a new trial.</p> <p>4. Same — Defects in Indictment.</p> <p>Parties who submit their cases for trial on certain testimony, introduced by consent, occupy the same position which they would have done, had the state (on defe