State v. Cain

Citations

• 106 La. 708

Syllabus

<p>Syllabus.</p> <p>1. The defendant In a criminal ease who takes the stand as a witness in his own behalf may be cross-examined in the same manner as any other witness in such case, and where he testifies, in his direct examination, that he wrote to a person, and professes to state what he wrote, he may be interrogated, on cross-examination, as to the number, dates, and contents of the letters. Nor has he the right to demand, as a condition precedent to answering such questions, that the letters, themselves, in the possession of the prosecuting officer, shall be submited to the inspection of himself and his counsel.</p> <p>2. Construing Section 800, R. S., with Act No. 93 of 1898, the necessary, and only effect, is, that the penalty provided oy the act is substituted for that provided by the first paragraph of the section.</p> <p>3. If a statute has made it criminal to do any act under particular circumstances, the party voluntarily doing that act is chargeable with the criminal intent of doing it.</p> <p>4. What comes by way of proviso in a statute must be insisted on by way of defense by the party accused, though, where the exceptions are in the enacting part of the law, it must appear in the charge that the defendant does not fail within them.</p> <p>5. Where a defendant, prosecuted for bigamy, undertakes to defend by showing that he contracted the second marriage in the honest belief that the first had been dissolved by a decree of divorce, the burden of proof rests upon him to show that he had reasonable grounds (his' mental capacity and surroundings considered) for such belief and that he did, in fact, so believe. It is not enough that he should merely create a doubt upon that subject in the minds of the jury.</p>