State v. Hayes

SUMMERS, Justice

(concurring).

It has been my understanding that a motion for a new trial based upon an allegation that there is a total lack of evidence should specify the particular in which the evidence is lacking. State v. Bueche, 243 La. 160, 142 So.2d 381 (1962). Only by insisting upon such an allegation can this Court ascertain from the record the object of the motion. I would require that the motion specify the element of the crime relied upon.

I respectfully concur.