State v. Miller

Supreme Court of Louisiana

State v. Miller

83 So. 539, 146 La. 236, 1919 La. LEXIS 1506

CourtSupreme Court of Louisiana

DecidedDecember 1, 1919

DocketNo. 23795

StatusPublished

Cited by5 cases

This text of 83 So. 539 (State v. Miller) 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. Miller, 83 So. 539, 146 La. 236, 1919 La. LEXIS 1506 (La. 1919).

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Opinion

MONROE, C. J.

Defendant appeals from a conviction and death sentence under an indictment for murder.

The transcript discloses no bill of exception signed by the trial judge. After conviction defendant moved for a new trial, on the grounds that the verdict is contrary to law and the evidence, and that he was tried on a dies non; that is to say, was tried on October 13th following a Sunday, the árgument being that a day “following a legal holiday” is a dies non. The motion was overruled, and he reserved a bill of exception, but the bill was not prepared and presented to the judge, and does not appear in the transcript.

[1, 2] It is well settled that the mere minute entry showing the reservation of a bill of exception in a criminal case cannot receive consideration in this court. The bill must be written out and signed by the judge. State v. Miller, 138 La. 373, 70 South. 330; State v. Bradley, 136 La. 55, 66 South. 395; State v. Evans, 135 La. 891, 66 South. 259. Beyond that, Act 167 of 1918, reads in part:

“The following shall be considered as days of public rest and legal holidays and half holidays in this state, and no other, namely: Sundays ; * * * and in all cities and towns whose population exceed 10,000, whenever the first of January, * * * the 12th of October, * * * shall fall on a Sunday the succeeding day shall he a legal holiday.” etc.

And no effort was made to show that “Homer,” where defendant was tried, is a city or town the population of which exceeds 10,000.

The conviction and sentence appealed from are therefore affirmed.

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MONROE, C. J.

Defendant appeals from a conviction and death sentence under an indictment for murder.

The transcript discloses no bill of exception signed by the trial judge. After conviction defendant moved for a new trial, on the grounds that the verdict is contrary to law and the evidence, and that he was tried on a dies non; that is to say, was tried on October 13th following a Sunday, the árgument being that a day “following a legal holiday” is a dies non. The motion was overruled, and he reserved a bill of exception, but the bill was not prepared and presented to the judge, and does not appear in the transcript.

[1, 2] It is well settled that the mere minute entry showing the reservation of a bill of exception in a criminal case cannot receive consideration in this court. The bill must be written out and signed by the judge. State v. Miller, 138 La. 373, 70 South. 330; State v. Bradley, 136 La. 55, 66 South. 395; State v. Evans, 135 La. 891, 66 South. 259. Beyond that, Act 167 of 1918, reads in part:

“The following shall be considered as days of public rest and legal holidays and half holidays in this state, and no other, namely: Sundays ; * * * and in all cities and towns whose population exceed 10,000, whenever the first of January, * * * the 12th of October, * * * shall fall on a Sunday the succeeding day shall he a legal holiday.” etc.

And no effort was made to show that “Homer,” where defendant was tried, is a city or town the population of which exceeds 10,000.

The conviction and sentence appealed from are therefore affirmed.

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Bluebook (online)

83 So. 539, 146 La. 236, 1919 La. LEXIS 1506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-la-1919.

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