State v. Summerlin

Citations

• 116 La. 449
• 40 So. 792
• 1906 La. LEXIS 514

Syllabus

<p>1. Indictment—Motion to Quash.</p> <p>A motion to quash an indictment is made too late if filed after verdict.</p> <p>[Ed. Note.—For cases in point, see vol. 27, Cent. Dig. Indictment and Information, § 473.]</p> <p>2. Criminal Law—Motion in Arrest.</p> <p>A motion in arrest is one leveled at errors apparent on the face of the record, to sustain which no evidence can be received.</p> <p>[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 2423.]</p> <p>3. Same.</p> <p>The motion made by relators was properly overruled by the district court.</p> <p>4. Courts—Supreme Court—Jurisdiction— Criminal Cases—Certiorari.</p> <p>We have several times declared that the supervisory jurisdiction of this court, under article 101 of the Constitution of 1898, extended over criminal as well as civil courts, but in the case of State ex rel. Satcho v. Judge, 29 South. 690, 49 La. Ann. 231, we announced limitations upon the exercise of that power. The supervisory authority conferred upon it by the Constitution is very broad, and we would exercise it promptly in order to prevent a very evident and exceptional denial of justice; but we do not think that this case presents anything calling for unusual action.</p> <p>[Ed. Note.—For cases in point, see vol. 16, Cent. Dig. Criminal Law, § 2569.]</p> <p>(Syllabus by the Court.)</p>