State v. Bollero

Citations

• 112 La. 850
• 36 So. 754
• 1904 La. LEXIS 474

Syllabus

<p>CRIMINAL LAW — ALLOTMENT OE CASES — EVIDENCE AT PRELIMINARY HEARING.</p> <p>1. Cases may be allotted in the criminal district court of the parish of Orleans previous to the finding of an indictment. The inception of a case, in the constitutional sense, is its inception in the ordinary sense, and means the first step necessary to be taken in order that subsequent proceedings may follow, and that is the filing of the papers of the case in the condition in which they happen to be when transmitted to the court, provided they are then sufficient to seise the court of the subject-matter.</p> <p>2. The settled jurisprudence of this state is to the effect that testimony taken at the preliminary examination is admissible on the trial if the accused was afforded an opportunity for cross-examination and the witness is permanently absent from the state.</p> <p>3. The permanency of the absence of a witness is sufficiently established if it is shown that the witness has gone to another state to reside, and that there is no present prospect of his return.</p> <p>.(Syllabus by the Court.)</p>