Tracy Lewis and James Doty were charged by bill of information with armed robbery under R.S. 14:64, convicted as charged, and each sentenced to serve 25 years in the Louisiana State Penitentiary. For reversal on appeal they rely on three bills of exception.
Just before the trial was to begin, counsel for defendants moved for a continuance on the ground that the day was "a national day of mourning, so declared by the President of the United States in honor of General of the Army Dwight David Eisenhower, and as such is a federal legal holiday". The judge refused to grant the continuance, and Bill of Exception No. 1 was reserved. Article 763 of the Code of Criminal Procedure provides: "Trials and hearings may commence or continue on a holiday or half-holiday in the discretion of the court." There is no allegation that the judge abused his discretion or that the defendants were in any way prejudiced by the ruling. This bill has no merit.
Also before trial, court-appointed defense counsel moved "on behalf of myself alone" to be relieved of the appointment since he had been unable to obtain proper cooperation from the accused in preparing their defense. He concluded by reiterating that the motion was made not on behalf of the defendants but on behalf of
After the jury was selected and sworn, counsel for defendants orally moved to quash on the ground of racial imbalance of the petit jury venire. The motion was overruled, and Bill No. 3 was reserved. The judge was correct in his ruling. The motion was not in writing as required by Code of Criminal Procedure Article 536, and was not timely filed under Article 535(B).
Accordingly the convictions and sentences of the defendants are affirmed.