83 So. 539 | La. | 1919
Defendant appeals from a conviction and death sentence under an indictment for murder.
The transcript discloses no bill of exception signed by the trial judge. After conviction defendant moved for a new trial, on the grounds that the verdict is contrary to law and the evidence, and that he was tried on a dies non; that is to say, was tried on October 13th following a Sunday, the árgument being that a day “following a legal holiday” is a dies non. The motion was overruled, and he reserved a bill of exception, but the bill was not prepared and presented to the judge, and does not appear in the transcript.
“The following shall be considered as days of public rest and legal holidays and half holidays in this state, and no other, namely: Sundays ; * * * and in all cities and towns whose population exceed 10,000, whenever the first of January, * * * the 12th of October, * * * shall fall on a Sunday the succeeding day shall he a legal holiday.” etc.
And no effort was made to show that “Homer,” where defendant was tried, is a city or town the population of which exceeds 10,000.
The conviction and sentence appealed from are therefore affirmed.