State v. Vittoria

McCALEB, Justice.

Appellant was convicted of simple burglary and; sentenced to a term of four years at hard labor in the State Penitentiary. He did not apply for a new trial but appealed from his conviction and sentence, relying on two bills of exceptions under which he claims that he should be discharged. Since he is not seeking a new trial but an outright dismissal of the prosecution, these, bills may be considered. State v. Richardson, 220 La. 338, 56 So.2d 568.

*262The first bill was taken to the overruling of a motion in arrest of judgment.' In this motion, appellant sets forth that his…