The defendant, Alfred Dorsey, Jr., was jointly tried with Daniel Ezell Nails, Jr., for armed robbery. Both were convicted and sentenced. Nails perfected his appeal, and this Court affirmed his conviction. State v. Nails,
Bills of Exceptions No. 3, relating to trial production of victim’s statement, Nos. 4 and 11, relating to a child witness, No. 6, relating to hearsay testimony, and No. 7, relating to cross-examination of Deputy Sheriff James LaCour, are the identical bills rejected in the companion case of State v. Nails, supra. As to these bills, we adopt our prеvious disposition for the reasons assigned.
BILL OF EXCEPTIONS NO. 1:
Request for in-court Identification Lineup.
Anticipating that identification of the defеndant would be a factual issue, defense counsel at the trial requested the judge to conduct an in-court identification lineup to test the state witnesses ability to identify thе defendant in a line with other persons. The trial judge denied the request.
The defense contends that the trial judge could have secured other prisoners from the jail to stand in the lineup and that, in denying the request, the judge abused his discretion.
Defendant cites no authority for an in-court lineup during a trial, and we know of none. Defendant was afforded аmple opportunity to test the identification by cross-examination of the witnesses before the jury.
The bill of exceptions is without merit.
BILL OF EXCEPTIONS NO. 9:
District Attorney’s Argument to the Jury About Alibi Witnesses.
During his closing argument, defense counsеl sought to explain his failure to call certain alibi witnesses who had been named in thе testimony as being in a cafe át the *789 same time as one of the defendants. Defensе counsel stated that these witnesses would not remember who was present. In rebuttal argument, the State pointed out that defense counsel had ample time before the trial to interview these witnesses to determine if they in fact remembered.
At this point, defense counsel interrupted to say:
“Your Honor, I am going to ask that the Court direct the Jurors to disregard completely that statemеnt made by the District Attorney.”
Immediately following defense counsel’s statement, the trial judgе ruled, “Request denied.”
In his Per Curiam, the trial judge points out that defense counsel gave no reason why the jurors shottld be instructed to disregard the statement.
When an objection is made in thе trial court without assigning a ground upon which the trial judge can make his ruling, the ruling of the trial judge оrdinarily provides no basis for a reversal of the conviction. State v. Keife,
In his formal bill of exceptions, however, defendant asserts that the district attorney’s argument went beyond the evidence. Assuming that we can consider this ground, we find it .to be without merit.
Article 774 of the Louisiana Code of Criminal Procedure provides:
“The argument shall be confinеd to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case.
“The argument shall not appeal to prejudice.
“The state’s rebuttal shall be confined to answering the argument оf the defendant.”
The trial judge is accorded wide discretion in confining the arguments to thе scope of the evidence. State v. Morgan,
BILL OF EXCEPTIONS NO. 10:
District Attorney’s Comment on Credibility of Witnesses.
During final argument, the District Attorney stаted that two of the State’s wit *791 nesses told the truth but not all of the truth. Defense counsel objected and the court sustained the objection, instructing the jury to disregard the statement. Resuming his argument, the District Attorney said, “The State contends that what Ruby and Doretha told you is true.” The defendant then moved for a mistrial on the ground that the statement implied that anothеr state witness, whose testimony contradicted that of these witnesses, testified falsely.
As noted by the trial judge in his Per Curiam, the District Attorney was merely advancing his theory of the case. The argument was proрer.
The bill of exceptions is without merit.
For the reasons assigned, the conviction and sentence are affirmed.
