Public-domain · open source
OpenJurist

38 La. Ann. 642

State v. Major

Supreme Court of Louisiana

Decided June 15, 1886

Supreme Court of Louisiana · decided 1886-06-15

Beattie, J. Every court has the power to correct its minutes so as to conform to the facts, and such corrections can ho made after appeal taken. 31 Ann. 388, 407, 557; 32 Ann. 1229; 33 Ann. 135; 34 Ann. 370; 35 Ann. 852. -A party who is brought up for sentence five days after conviction, is not entitled to further delay to prepare and file a motion for new trial.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-06-15

How this case has been cited

Cited by 5 later decisions (1 by the Supreme Court) — most recently July 1928

4 state decisions

2018861890190019101920decided

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.

View the full empirical analysis of this case →

¶1The opinion of the Court was delivered by

Pooiié, J.

¶2This appeal is from a conviction of breaking aud entering in the night time a dwelling house with intent to kill, and from a ■sentence of imprisonment at hard labor for life; it presents two complaints by bills of exceptions.

¶31. The defendant complains that he was refused a reasonable extension of time to prepare and jiresent a motion for a new trial.

¶4The facts are that he was convicted on the 12th of April, on which •day the judge announced that he would pass sentence on the 17th of that month.

¶5On that day the defendant moved for further time for his motion, ;and his request was, in our opinion, very properly refused.

¶6There is no merit in the complaint; and members of the bar may rest assured that all attempts to induce this Court to interfere with trial judges in the exercise of their legal discretion, can jirove of no ravail to their clients.

¶72. The defendant next complains of an order of the judge on motion •of the district attorney, directing the clerk to amend the minutes of the court after the order of appeal had been granted.

¶8In the light of our jurisprudence, the mere statement ol' the complaint is its best answer.

¶9The minutes of his court are absolutely under the control of the .judge, and corrections of the same, so as to make them conform with the facts as they occurred, is not only permissible but it is imperative when the attention of the court is called thereto. State vs. Mason, 32 Ann. 1018; State vs. Teissier, 32 Ann. 1227; State vs. Cox, 33 Ann. 1056.

¶10The trivial character of the grounds supporting this appeal justifies the conclusion that the accused has had a remarkably fair and impartial trial.

¶11Judgment affirmed.

/38/laann/642 · .json · Public domain