State v. Brady

Citations

• 124 La. 951
• 50 So. 806
• 1909 La. LEXIS 570

Syllabus

<p>1. Criminal Law (§ 723*) — Trial—Remarks of Assistant District Attorney.</p> <p>The remark, addressed by counsel assisting the district attorney, with regard to friendship by a juror, examined on- his voir dire, for the accused, was not of such importance as to affect the judgment of the jurors by whom it , was heard.</p> <p>The talesman was excused by the court.</p> <p>2. Homicide (§ 216*) — Dying Declaration-Admissibility — Preliminary Evidence — Ante Mortem Statement.</p> <p>■ There was sufficient predicate laid for the admission of the dying declaration.</p> <p>3. Criminal Law (§ 359*) — Evidence—Motive.</p> <p>Evidence which does not tend to connect a third person with the crime charged is not admissible.</p> <p>4. Criminal Law (§§ 666, 720*) — Witness-Failure to Examine.</p> <p>The state is not bound to examine a witness in whom she has lost confidence, although subpoenaed by the state.</p> <p>Comment of counsel for the prosecution was not so harsh as to justify interference with the finding of the jury.</p> <p>5. Criminal Law (§ 720*) — Argument of Counsel.</p> <p>Argument of counsel assisting in the prosecution was on the hypothesis that the case presented an issue to the jury. The defense denied that there was such an issue before the court upon a particular point.</p> <p>From the record the 'court infers that the trial judge ruled correctly; that the point argued was not entirely dehors the record.</p> <p>6. Homicide (§ 314*) — Appeai>-Verdict.</p> <p>The jury had the authority to modify its verdict. The modification does not give rise to the inference that the jurors were not certain of the correctness of the verdict.</p> <p>(Syllabus by the Court.)</p>