Legal Opinion · Dissent
State v. Lonigan
Supreme Court of Louisiana
Decided November 28, 1972No. 52360Published
1DissentSanders, Justice
I do not reach the question of whether the trial judge’s ruling on the special charges constituted a comment upon the evidence.
The complaint that the trial judge commented upon the evidence was made for the first time in a motion for a new trial.
Subject to exceptions not pertinent here, Article 841 of the Louisiana Code of Criminal Procedure provides:
“An irregularity or error in the proceedings cannot be availed of after verdict unless it is objected to at the time of its occurrence and a bill of exceptions is reserved to the adverse ruling of the court on such objection. Failure to reserve a…
2Cases cited2 opinions
- State v. FinkSupreme Court of Louisiana · 1970
- State v. ReedSupreme Court of Louisiana · 1968