State v. Murray

Citations

• 111 La. 688
• 35 So. 814
• 1904 La. LEXIS 548

Syllabus

<p>CRIMINAL LAW—BILL OF EXCEPTIONS—CONTINUANCE—ABSENCE OF COUNSEL.</p> <p>1. Where a hill of exception is signed by the trial judge with the statement that if any bill was reserved, or if the facts stated in the bill occurred, it had entirely escaped his memory, and there is no evidence aliunde that such bill was reserved, or that the alleged facts are true, the appellate court cannot assume that the recitals of the bill are correct. Where the facts are not taken down as provided by Act No. 113, p. 162, of 1896, they must be settled by the trial judge. His certificate that he does not remember is a negation, rather than an affirmation.</p> <p>2. Motions for a continuance address themselves largely to the discretion of the trial judge, which will not be interfered with except in clear cases of abuse. State v. Perry, 25 South. 944, 51 La. Ann. 1077.</p> <p>3. Absence of alleged employed counsel, who has made no appearance in court, is no ground for a continuan'ce, where the defendant is represented by competent counsel appointed by the court, and it does not appear that some injustice was probably done by the refusal to continue the case. 4 Am. & Eng. Ency. PI. & Pr. pp. 839, 840.</p> <p>(Syllabus by the Court.)</p>