State v. Miller

Citations

• 107 La. 796

Syllabus

<p>Syllabus.</p> <p>1, The failure of defendant in a criminal case to introduce evidence in his own behalf which was within his control, for the reason that he did not believe it was called for, under the evidence which the State had adduced against him, furnishes no reason for a new trial.</p> <p>2. In the District and not the Supreme Court is vested the right and power of determining whether a verdict rendered against defendant in a criminal case, was justified by the weight and sufficiency of the evidence adduced against him. When the District Court overrules a motion for a new trial, holding that the verdict was justified, the Supreme Court cannot review his conclusion, even though in a bill of exception reserved to this ruling, is embodied a resume of the testimony which was taken on the trial signed by the district attorney and counsel of the accused.</p>