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111 La. 404

State v. Mitchell

Supreme Court of Louisiana

Decided November 30, 1903

Supreme Court of Louisiana · decided 1903-11-30

<p>Appeal from Seventeenth Judicial District Court, Parish of Vermilion; Minos Thomas Gordy, Jr., Judge.</p> <p>David Mitchell was found guilty of burglary and larceny, and appeals.</p>

Dismissed · Decided 1903-11-30

B.REAUN, J.

¶1The defendant, David Mitchell, was found guilty, as charged, of burglary and larceny, and was sentenced to two years and six months for burglary, and six months for larceny.

¶2tie, through counsel, filed a motion to quash the indictment. This motion appears to have been taken up, tried, and overruled. To the action of the court no bill of exception was taken in the form required, and the evidence upon which it is averred the motion was based is not before us.

¶3Errors can be made available only by exceptions duly taken on the trial. The Supreme Court will not notice objections which are not explicitly incorporated in a bill of exceptions. Not only the bill must be taken, but the testimony relied upon must be made part of the bill.

¶4Eor reasons assigned, the appeal is dismissed.

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