State v. Breaux

Citations

• 104 La. 540

Syllabus

<p>Syllabus.</p> <p>'i. When the transcript shows that the trial court duly opened on a certain day ; that the grand jury, in open court, reported a true bill for murder, and that the bill was filed as of that date by the cleric, the time at which the grand jury acted is sufficiently shown.</p> <p>2. The ruling of the trial judge, In rejecting a juror who is challenged for cause by the State, affords, of Itself, no legal ground of complaint to the accused.</p> <p>3. In the trial of several accused, jointly, the peremptory challenges of the defence cannot be said to be exhausted as long as any of such challenges are left to one or more of the accused.</p> <p>4. Where several persons are charged with murder in the same indictment, and are on trial at the same time, one of them cannot be a witness on behalf of his co-defendants, and that he should be wanted to testify to something forming part of the res yestae does not affect the question. The testimony may be admissible, but the witness remains incompetent.</p> <p>5. A doctor of medicine may testify, as an expert, as to the manner in which, and the character of instrument by which, a wound might have been in flicted.</p>