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STATE v. TRUAX

62 So.2d 643 (1952)

222 La. 463

STATE
v.
TRUAX.

No. 40957.

Supreme Court of Louisiana.

December 15, 1952.

Rehearing Denied January 12, 1953.

Weber & Weber, Baton Rouge, for appellant.
Fred S. LeBlanc, Atty. Gen., M. E. Culligan, Ass't Atty. Gen., and Joseph A. Sims, Dist. Atty., Hammond, for appellee.

 

 

LE BLANC, Justice.
The defendant in this case, Julius Truax, was formally indicted by a Grand Jury in the Parish of Livingston on October 17, 1951, for having committed the crime of incest on May 29, 1951. He was tried before a jury which rendered a verdict of "guilty as charged" on May 8, 1952. On May 22, 1952, he was sentenced by the Court to imprisonment at hard labor in the State Penitentiary for seven and one-half years.
From the extract of the Court minute entries as reproduced in the record, it appears that the defendant was represented by employed counsel at the time of his arraignment but when the case was about to be assigned for trial this counsel withdrew and thereupon the Court appointed two qualified attorneys to assist him in his defense. The case was assigned for trial about a month later and, as already stated, resulted in a verdict of guilty, followed by the sentence later on imposed by the Court.
During the trial, which appears to have been regular in every respect, counsel representing the accused reserved several bills of exception to the rulings of the Court on objections to testimony but none of them were perfected.
On May 23, 1952, the day after sentence, and fourteen days from the date of verdict, defendant, through newly employed counsel, filed a motion for a new trial based on allegedly, newly discovered evidence and on also the proposition that the testimony of the prosecuting and other witnesses
[ 62 So.2d 644 ]

was biased and prejudiced. He also filed a motion in arrest of judgment.
The motion for a new trial after having been submitted on briefs, was denied and so was the motion in arrest of judgment. Defendant, through his counsel, moved for and was granted an order of suspensive appeal to this Court.
As previously stated, there were no bills of exception perfected following the trial below and the only complaint now urged by counsel for defendant is with regard to the Court's refusal to grant the new trial which has been applied for.


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