State v. Shepherd

Citations

• 123 La. 581
• 49 So. 201
• 1909 La. LEXIS 747

Syllabus

<p>1. Criminal Law (§ 972*) — Motion in Areest.</p> <p>On a motion in arrest nothing can be considered except errors patent on the face of the record. A defect which appears only by the evidence cannot be the subject of such a motion.</p> <p>[Ed. Note. — For other eases, see Criminal Law, Cent. Dig. § 2423; Dee. Dig. § 972.*]</p> <p>2. Crimj.nal Law (§ 1090*) — Appeal—Bill of Exceptions.</p> <p>A motion for a new trial, or any other motion based on evidence, cannot be reviewed on appeal on matters of law only, in the absence of a bill of exception, though both the ruling and the evidence be in the record.</p> <p>[Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2803-2827; Dec. Dig. § 1090.*]</p> <p>(Syllabus by the Court.)</p>