State v. Rose

Citations

• 114 La. 1061
• 38 So. 858
• 1905 La. LEXIS 593

Syllabus

<p>CRIMINA!, LAW — ALLOTMENT 03? CASES — WAIVER 03? OBJECTIONS — AIDER BY VERDICT.</p> <p>1. Where a case filed in the criminal district court of the parish of Orleans was through mistake placed in the wrong class, and was subsequently allotted or assigned to one of the two divisions of the court, and thereupon the accused was regularly arraigned, tried, and convicted, held, that objections to the allotment of the case came too late after verdict.</p> <p>2. The only object of the constitutional requirement that cases shall be allotted in classes to be fixed by rules of court is to insure, as far as possible, an equal division of the same character of cases between the two divisions of the court. The erroneous classification of the particular case worked no prejudice to the accused, and his objections, if any, should have been pleaded in limine litis, so that the error could have been corrected by a reallotment of the case.</p> <p>3.Necessity is the foundation of the doctrine of waiver, which is essential to prevent the miscarriage of criminal cases. Mere irregularities in the proceedings are cured by verdict.</p> <p>(Syllabus by the Court.)</p>