State v. Bolden

Citations

• 109 La. 484
• 33 So. 571
• 1903 La. LEXIS 403

Syllabus

<p>CRIMINAL LAW — EVIDENCE AT PRELIMINARY EXAMINATION — VERIFICATION—ORDER OP PROOF — CONSPIRACY.</p> <p>1. A foundation is sufficiently laid for offering in' evidence on part of the state, at the final trial, the testimony of a witness given at the preliminary examination, where it is shown that the witness lives out of the’ state; that he was in the state at the time of the preliminary examination and testified then; that he after-wards left on a west-bound train, presumably going to Mexico where he resided; and that he has not been seen or heard of in the state since.</p> <p>2. And such testimony is sufficiently verified to justify its being read to the jury when it is shown that the witness could not speak the English language and was assisted in giving his 'testimony at the preliminary examination by an interpreter, who was duly sworn as such; that his evidence was taken down in shorthand by the court’s official stenographer from the lips of the interpreter in the presence of the court; that the stenographer certified to the testimony as a true and correct transcript from his notes; that the testimony so transcribed by him was given in open court by the witness in the presence and hearing of the accused, who was offered full opportunity for cross-examination; and that the whole was signed by the judge who officiated at the preliminary examination.</p> <p>3. While the general rule is that the existence of a conspiracy must be proved, at least prima facie, to the satisfaction of the judge before the declarations or acts of the co-eonspirators are admissible in evidence, an exception is recognized where establishing the conspiracy is dependent upon the proving of a number of facts and circumstances from which the conspiracy is to be inferred. In such case the order of proof is discretionary with the court and evidence of acts and declarations may be received at any time during the trial, dependent, finally, for effect as evidence, under the charge of the judge, on