State v. Ballerio

Guillermo Ballerio has appealed from a judgment of the First District Court of New Orleans, by which he was sentenced to seven years’ imprisonment in the Penitentiary, for the crime of manslaughter.

I. If we concede that there may be cases where this court has power to review the exercise of the discretion vested in the District Judges upon the subject of continuances in criminal cases, still the appellant has not presented a fit case for relief.

The bill of exceptions and the affidavit do not disclose the exercise of any diligence on the part of the prisoner. It is not shown that the absent…