48 La. Ann. 727 - State v. Davis

How this case has been cited

Cited by 4 later decisions — most recently March 1945

4 state decisions

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.

¶1The opinion of the court was delivered by

Breaux, J.

¶2The defendant was tried by jury and found guilty of embezzlement.

¶3Upon his motion a new trial was granted by the trial judge.

¶4From the order granting a new trial the State prosecutes this appeal.

¶5The following are the reasons, in substance, of the court for granting the new trial, made part of the bill of exceptions taken by the District Attorney:

¶6The evidence showed, the court certifies, “ that John Davis had not embezzled the property he was charged with having embezzled.”

¶7To reverse an order granting a new trial (if at all reversible) it must, at least, be manifest that an error of law was committed in granting a new trial. We do not think that in this case there was an abuse of discretion. No appeal lies, at the instance of the State, from an order granting a new trial.

¶8The appeal is therefore dismissed.

The Chief Justice and Justice Watkins concur only in this decree.