State v. Beebe
This text of 123 So. 636 (State v. Beebe) 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.
Opinion
The accused was indicted, tried, and convicted of the crime of “possessing liquor for sale.” A motion for a new trial was filed, heard, and overruled. A bill of exception was reserved to this ruling, which is the only bill this appeal presents for consideration. The accused has not- made an appearance in this court and has not filed a *950 brief in tbe case. There is no error patent on the face of the record.
The motion for a new trial is a lengthy document purporting to be a statement of facts, which the minutes of the court and the judge’s per curiam to the bill show are erroneous allegations.
It is the rule that the facts as they are stated by the court control. Por authorities see 2 La. Dig. § 562, p. 734. Moreover, motions for new trial rest within the-exercise of the sound discretion of the trial judge. 2 La. Dig. § 432, p. 666; article 516, Code of Criminal Procedure.
Por the reasons stated, the judgment and sentence are affirmed.
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Cite This Page — Counsel Stack
123 So. 636, 168 La. 948, 1929 La. LEXIS 1903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beebe-la-1929.