State v. Vicknair

Citations

• 118 La. 963
• 43 So. 635
• 1906 La. LEXIS 854

Syllabus

<p>1. Criminal Law — Appeal—Proceedings fob Transfer of Cause — Time.</p> <p>The provisions of Act No. 108, p. 155,_ of 1898, requiring “that appeals * * * in criminal cases * * * shall be taken by motion, verbally or in writing, in open court, within three days after sentence,” are mandatory, and, as there is no proviso in the act to the effect that, in the event that the trial court should adjourn immediately upon pronouncing sentence and should not open again until after the expiration of such three days, the delay within which the appeal is to be taken shall be extended until it again opens, it follows that, in such case, the defendant must take his appeal upon the day upon which the sentence is pronounced. It is only when the court remains open until, or reopens upon, the third day after the sentence is pronounced, that the defendant can avail himself of the full term “within” which he is required to act if he. desires to appeal.</p> <p>2. Same.</p> <p>The expression “open court,” as used in Act No. 108, p. 155, of 1898, means the actual session of the court while the judge is on the bench, as contradistinguished from the “continuous session,” of 10 months, provided for by article 117 of the Constitution.</p> <p>3. Same.</p> <p>The word “term,” as used in Act No. 30, p. 56, of 1878, § 1, means the session during which the court is actually open, as contradistinguished from the continuous session, of 10 minutes, provided for by article 117 of the Constitution.</p> <p>On Rehearing.</p> <p>4. Same.</p> <p>Adjournment of court cannot deprive accused of the three days allowed him for appealing.</p> <p>5. Criminal Law — Continuance—Grounds— Absence of Witnesses.</p> <p>Accused cannot complain of the refusal of a continuance for summoning witnesses, when he had ample opportunity for procuring the attendance of the witnesses, and has not chosen id avail himself of it.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1336J</p> <p>6. Same —