State v. Wright

HAWTHORNE, Justice

(dissenting in part).

I think the majority has erred in reversing the conviction of Elbert Wright and Ralph Smith and granting them a new trial.

The remarks of the assistant district attorney had reference only to the defendant Ray Lawsen. The defendants Wright and Smith do not allege or contend that the comment constituted error as to them, evidently because it contained no mention or reference to either of them.

From all the facts and circumstances surrounding the taking of this bill of exception, to me it clearly appears that the bill was taken only for and in behalf of the defendant Lawsen. See former R.S. 15:-501, now C.Cr.P. Art. 842.