90 So. 733 | La. | 1922
Lead Opinion
On Motion to Dismiss Appeal.
In the case of State v. Sisemore (No. 24644) 151 La. —, 92 South. 274, which was remanded for a correction of the minutes, etc., it appeared that the record had been tampered with. The original entry showed that the appeal had been asked for and granted “before sentence,” and the word “before” was stricken out and the word “after” written over it. There is no such suspicious circumstance in the present case.
Opinion on the Merits
On the Merits.
Appellant was. indicted as an accessory to the crime of forgery, the charge being that he had procured Otto Kirkland to forge-the signature of E. M. Jackson to a check on the Bank of Clinton. Defendant was not represented by counsel when his case was called for trial, and the court appointed an attorney to represent him. The attorney then held a brief conference with defendant, and learned that there was an important witness, living in another parish, who had not been summoned. The attorney therefore asked for a continuance or postponement of the trial, which was refused. Defendant was then tried and convicted and sentenced to imprisonment in the penitentiary.
The verdict and sentence appealed from are annulled, and it is ordered that the case bo remanded to the district court for a new trial. -