State v. West

Citations

• 105 La. 639

Syllabus

<p>Syllabus.</p> <p>1. The plea of prescription was properly referred to the jury. It presented for decision a mixed question of law and fact.</p> <p>2. The verdict found, in effect, disposed of that plea. No hill of exception was taken to the court’s action in referring the plea of prescription to the jury.</p> <p>3. The trial judge delivered an oral charge to the jury. No objection was made to the charge before the verdict was found. Objection to the charge comes too late, when urged for the first time in an application for a new trial. If. error was committed in the charge, it was not gross error, such as would justify the appellate court in setting aside the verdict.</p> <p>4. The facts alleged regarding the affidavit made before a justice of the peace do not show that the crime charged was brought to the attention of an officer authorized to direct a prosecution in manner required, and that, in con sequence, there was prescription, as the indictment was found more than twelve months after the affidavit had been made. The plea does not fully identify the officer before whom the affidavit was filed and does not show that the officer became seized of jurisdiction by bringing on the arrest of the accused or doing anything toward bringing on an investigation.</p>