State v. Hamm

Although there are expressions in the opinion rendered in State v. Cooley, 185 La. 1032, 171 So. 435, which are not quite reconcilable with the ruling in the present case, as a matter of fact the decre.e rendered in the Cooley case was not a departure from the provisions of article 559 of the Code of Criminal Procedure. The article provides merely that no new trial can be granted on appeal unless a motion for a new trial was made and refused in the court below. In Cooley’s case this court did not grant a new trial, but found that the sentence which had been imposed upon Cooley was erroneous,…