State v. Truax

I c.annot agree that the trial judge is vested with discretion to grant a new trial after sentence by virtue of the fifth paragraph of Article 509 of the .Code of Criminal Procedure. LSA-R.S. 15:509. Manifestly, Article 509, which sets forth the reasons for which a new trial ought to be granted, applies only to cases in which a new trial is timely sought and is specifically limited by Article 505. LSA-R.S. 15 :505. That article, which is the first of the twelve Articles (see Articles 505-516) Title XXV of the Code of Criminal Procedure, LSA-R.S. 15:505 to 15:516, entitled “Motion for New…