State v. Matassa

Decided February 21, 1916

Supreme Court of Louisiana · decided 1916-02-21

<p>Appeal from First Judicial District Court, Parish of Caddo; T. F. Bell, Judge.</p> <p>Joe Matassa was convicted of crime, and appeals.</p>

Relies on State v. Latino · State v. Miller

Affirmed · Decided 1916-02-21

SOMMERVILLE, J.

¶1[1] The record contains no bill of exceptions or assignment of errors on the face of the record.

¶2[2] There is a motion for a new trial found in the record, which is unsworn to, and which was overruled; and the minutes recite that:

“Counsel for defendant excepts and reserves a bill.”

¶3But no bill of exceptions was filed.

“A notation by the clerk of court in a criminal case that the defendant excepted and reserved a bill cannot be considered a ‘bill of exceptions.’ ” State v. Latino, 138 La. 14, 69 South. 857; State v. Miller, 138 La. 373, 70 South. 330, and authorities therein cited.

¶4Judgment affirmed.