State v. Redwine

Decided October 15, 1885

Supreme Court of Louisiana · decided 1885-10-15

<p>Evidence taken in support of a motion for a new trial, in criminal caaes, will not be considered on appeal unless it be incorporated in or attached to a bill of exceptions taken, from the refusal of a new trial by tbe judge a quo.</p>

Cited by 1 later decisions — most recently November 1900

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-10-15

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¶1The opinion of the Court was delivered by

Pochií, J.

¶2The complaint of the defendant is that one of the jurors-who tried his case was a felon and an ex-convict, on which gro und lie-had moved for a new trial.

¶3His counsel has omitted to incorpórate the evidence offered in support of his complaint in his bill of exceptions, and under our jurisprudence we cannot consider the same.

¶4The rule is now well established that evidence in criminal cases taken in support of any plea or special defense will not be considered by this Court, unless incorporated in a bill of exceptions. The practical result of defendant’s omission in the jiremises is that we have no-evidence of the alleged disqualification of the juror of whom he complains. State vs. Ewen, 32 Ann. 782; State vs. Nelson, 32 Ann. 842; State vs. Miller, 36 Ann. 158. Under this showing we have no power to-entertain His point, and lienee the defendant can obtain no relief at dun-hands.

¶5Judgment affirmed.