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38 La. Ann. 307

State v. Tanner

Supreme Court of Louisiana

Decided April 15, 1886

Supreme Court of Louisiana · decided 1886-04-15

<p>To determine whether the venue was proved or not would require this court to consider the evidence on this point, and this the court cannot do however .the evidence may be presented in the record.</p> <p>A verdict will not be set aside because the jury was taken into a room to deliberate on their verdict where there were a number of law books on the subjoct of crimes and criminal proceedings, where there is no evidence that the books were read or examined by the jury.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1886-04-15

How this case has been cited

Cited by 6 later decisions — most recently July 1924

6 state decisions

3018861890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the Court was delivered by

Todd, J.

¶2The defendants were convicted of forgery, and from a sentence of two years’ imprisonment at hard labor have appealed.

¶3There are only two grounds urged in support of the appeal.

¶41. That the venue was not proved.

¶5We have no means of ascertaining whether this is true or not. The record does not show it, and even if it contained evidence on the subject this court could not consider it. The ground, substantially, is ohat the evidence does not support the verdict. Under the constitu*308tional restrictions and tlie repeated decisions on the point it is idle to make such objections before this court,

¶62. The second complaint is that the jury was carried iuto the sheriff’s office to deliberate on their verdict, and that there were several law books in the room on the subject of crimes and offenses that they might have examined or consulted, and that this was such an irregularity as to vitiate the verdict.

¶7There is no merit whatever in this contention. It is not shown or suggested even that there was an examination of any of the books by any of the jury; on the contrary if appears that the jury was ready in ñve minutes after retiring to return a verdict, and it is not likely that in that brief interval they resorted to books or consulted authorities to assist them in reaching their verdict. This court has already ruled on this point, and adversely to the pretensions of the defendant’s counsel. State vs. Nelson, 32 Ann.

¶8Judgment affirmed.

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