State v. Batiste

283 So. 2d 244, 1973 La. LEXIS 6353
CourtSupreme Court of Louisiana
DecidedSeptember 24, 1973
DocketNo. 53512
StatusPublished
Cited by2 cases

This text of 283 So. 2d 244 (State v. Batiste) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Batiste, 283 So. 2d 244, 1973 La. LEXIS 6353 (La. 1973).

Opinion

TATE, Justice.

The defendant was convicted of aggravated .battery, La.R.S. 14:34, and sentenced to serve four years in the penitentiary.

On appeal, his counsel argues two bills of exceptions which were reserved during the trial. La.C.Cr.P. Art. 841. However, these bills were not perfected as required by La.C.Cr.P. Arts. 844, 845, and thus do not constitute formal bills of exceptions. On review, the appellate court can consider only formal bills of exceptions. La.C.Cr.P. Arts. 844, 920. If there are none, the reviewing court can reverse only for error discoverable “by a mere inspection of the pleadings and proceedings and without inspection of the evidence”. La.C.Cr.P. Art. 920(2). We find no such patent error here.

We therefore affirm the conviction and sentence.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Banks
294 So. 2d 541 (Supreme Court of Louisiana, 1974)
State v. Farner
284 So. 2d 573 (Supreme Court of Louisiana, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
283 So. 2d 244, 1973 La. LEXIS 6353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-batiste-la-1973.