State v. Sloan

Citations

• 120 La. 170
• 45 So. 50
• 1907 La. LEXIS 626

Syllabus

<p>1. Cp.iminal Law — New Trial — Sukpkise.</p> <p>Where time is not of the essence of the offense, it need not be stated in the indictment (save in so far as may be necessary to negative prescription), and if, upon the introduction by the state of evidence tending to show that the offense was committed at a date other than that charged, the accused makes no complaint, asks for no relief, and reserves no bill, he is not entitled to a new trial on the ground of “surprise.”</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2299-2305.]</p> <p>2. Same — Review.</p> <p>Where the trial judge rules that the evidence relied on for the purposes of an application for new trial would be cumulative, and the transcript does not contain the evidence introduced, there is no basis upon which this court can review such ruling.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2946-2948.]</p> <p>(Syllabus by the Court.)</p>