State v. Scher

Supreme Court of Louisiana

State v. Scher

113 So. 2d 292, 238 La. 11, 1959 La. LEXIS 1062

CourtSupreme Court of Louisiana

DecidedJune 25, 1959

DocketNo. 44600

StatusPublished

This text of 113 So. 2d 292 (State v. Scher) 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. Scher, 113 So. 2d 292, 238 La. 11, 1959 La. LEXIS 1062 (La. 1959).

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Opinion

HAMITER, Justice.

Having been convicted by a jury on the charge that he “committed the theft of merchandise, to-wit: five (5) pairs of pants, of a value of Forty and No/100 ($40.00) Dollars”, and sentenced to serve a period of 12 months in the Louisiana State Penitentiary, the defendant (Fred Seller) moved for and was granted this appeal.

In the trial court appellant reserved no bills of exceptions and did not apply for a new trial. Moreover, no appearance on his behalf, either by oral argument or by brief, has been made here. Consequently, and since there is no error patent on the face of the record, the rulings appealed from cannot be disturbed. State v. Thomas, 217 La. 818, 47 So.2d 512; State v. Weaver, 222 La. 148, 62 So.2d 255; State v. Brumfield, 226 La. 103, 75 So.2d 23, and State v. Ball, 234 La. 929, 102 So.2d 219.

For the reasons assigned the conviction and sentence are affirmed.

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HAMITER, Justice.

Having been convicted by a jury on the charge that he “committed the theft of merchandise, to-wit: five (5) pairs of pants, of a value of Forty and No/100 ($40.00) Dollars”, and sentenced to serve a period of 12 months in the Louisiana State Penitentiary, the defendant (Fred Seller) moved for and was granted this appeal.

In the trial court appellant reserved no bills of exceptions and did not apply for a new trial. Moreover, no appearance on his behalf, either by oral argument or by brief, has been made here. Consequently, and since there is no error patent on the face of the record, the rulings appealed from cannot be disturbed. State v. Thomas, 217 La. 818, 47 So.2d 512; State v. Weaver, 222 La. 148, 62 So.2d 255; State v. Brumfield, 226 La. 103, 75 So.2d 23, and State v. Ball, 234 La. 929, 102 So.2d 219.

For the reasons assigned the conviction and sentence are affirmed.

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113 So. 2d 292, 238 La. 11, 1959 La. LEXIS 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scher-la-1959.

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