189 So. 450 | La. | 1939
Defendant was found guilty of the crime of forgery of a check for $108.40, and was sentenced to the State Penitentiary for a term of not less than four years nor more than twelve years.
An appeal was granted to this court. As it does not appear from the record that defendant applied for a new trial in the lower court before the appeal was taken, the State has moved to dismiss the appeal. *847
In State v. Eubanks,
"It is provided in article
"In State v. Stinson,
For the same reason, the appeal was dismissed in State v. Eubanks, cited supra, in which the court said:
"The plain purpose of our Code of Criminal Procedure, in requiring that a defendant shall apply for a new trial, or else forfeit his right to be heard on appeal, is not only that the defendant, as well as the state, shall be fairly dealt with, but that the defendant shall exhaust all of his legal remedies in the court below, in order to correct errors, avoid delays, and prevent miscarriages of public justice.
"The appeal in this case is dismissed." 179 La. page 99, 153 So. page 33.
In State v. Stephens,
"State v. Stinson,
The record contains two bills of exceptions, which cannot be reviewed by this court, as the defendant has not placed himself in position to obtain relief by filing a motion in the lower court for a new trial.
The appeal in this case is dismissed.
HIGGINS, J., absent.