State v. Warren

Citations

• 117 La. 84
• 41 So. 361
• 1906 La. LEXIS 646

Syllabus

<p>1. Criminal Law — Appeai^-Record.</p> <p>Where an alleged overt act on the part of' the prosecuting witness is relied on as a defense to the charge of shooting with intent to kill, and neither the recitals of the bill of exception nor any evidence annexed show the relation, in point of time ox- circxxmstan.ee, between such act and the shooting, this court is obliged to accept as correct, the ruling of. the trial judge to the effect that no overt act was proved.</p> <p>[Ed. Note. — For cases in point, see vol. 15, Cent. Dig. Criminal Law, §§ 2938, 3014, 3030.]</p> <p>2. Same — New Trial.</p> <p>, A motion for new trial which merely presents the theory of the defense as to the facts, brings up nothing upon which this court can act.</p> <p>3. Same — 'Verdict.</p> <p>Where the record shows that the verdict was properly indorsed on the back of the bill of information, the fact that it was entered on the minutes without the name and official capacity of the foreman being added is immaterial.</p> <p>(Syllabus by the Court.)</p>