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

  1. State v. FinkSupreme Court of Louisiana · 1970
  2. State v. ReedSupreme Court of Louisiana · 1968

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