State v. Ayles

Citations

• 120 La. 661
• 45 So. 540
• 1908 La. LEXIS 551

Syllabus

<p>1. HoMicide — Appeal—Review.</p> <p>Defendant, indicted for the murder of his wife, was found guilty and sentenced to death. He has appealed. His defense is that he was insane when the act was committed. He complains that the trial court improperly rejected evidence sought to be introduced to sustain his plea. He urges additionally various matters that he claimed were prejudicial to him, which arose in the course of the trial below.</p> <p>2. Criminal Law — Nolle Prosequi — Jury-Summoning, Attendance, and Discharge —Statutory Provisions. .</p> <p>Defendant was tried for murder under a second indictment which was found against him. The district attorney had the legal right to enter a nolle prosequi upon the first indictment, if he believed it could not stand the test of judicial scrutiny by the Supreme Court, although its validity had been recognized by the trial court. The accused suffered no injury thereby, as he had not been as yet placed in jeopardy. The district court had the right, under section 10, Act No. 135, p. 221, of 1898, to order the jury which had been drawn for the May term to reassemble for duty for the June term under the circumstances this was done.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 688-697; vol. 31, Jury, § 391.]</p> <p>3. Same — Appeal—Harmless Error —Selection of Jury.</p> <p>The defendant has no legal ground for complaint on the ground that the court refused to allow a certain question to be propounded to jurors on their voir dire, when he was not called on to exhaust his peremptory challenges in consequence thereof.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 16, Criminal Law-, §§ 3115-3117.]</p> <p>4. Same — Trial — Reception ojt Evidence-Hypothetical Questions.</p> <p>The trial court has much discretion in the matter of permitting hypothetical questions to be propounded to an expert witness for the purpose of eliciting from him his opinion as to the sanity of the accused at th