74 So. 163 | La. | 1916
The defendant was found guilty of operating a blind tiger, made unlawful by Act No. 8 of 1915; he was sentenced to pay a fine and be imprisoned, and has appealed from the conviction and sen
The defendant’s contention that he was not legally arraigned refers to the fact that the statute creating the city court of the city of Shreveport provides that the judge shall be ex officio clerk of that court; whereas, in this case it appears that a police officer acted as clerk of the court and read the charge to the defendant when he was called for arraignment. The statement per curiam in the bill of exception, however, recites that the judge asked the accused whether he was guilty or not guilty, and that the plea of not guilty was addressed to the judge. Inasmuch as the defendant might have waived the reading of the charge in this case, there is no merit in his complaint that the .charge was read by one who was perhaps only the de facto clerk of court.
The contention that the oath taken by the witnesses in the case was not administered in the manner required by law is based upon the fact that the police sergeant acting as clerk of court, administered the oath. In the statement per curiam, the judge gives his reasons for overruling the motion in arrest of judgment, with regard to this complaint: (1) That no objection was made by the defendant or his attorney when the oath was administered to the witnesses, or until after the conviction; and (2) that the police sergeant was a notary public, qualified to administer the oath.
The conviction and sentence appealed from are affirmed.