State v. Cato

Citations

• 116 La. 195
• 40 So. 633
• 1906 La. LEXIS 485

Syllabus

<p>1. Criminal Law—Prosecuting Attorney-Authority oe Assistant.</p> <p>After the trial had commenced and one of the witnesses had been examined, the district attorney obtained leave to absent himself and leave the remainder of the prosecution to be conducted by the assistant prosecuting officers, who were attorneys of record employed to assist the district attorney in the prosecution.</p> <p>2. Same—Waiver oe Objections.</p> <p>No objection was urged by defendant. Counsel and his client were present when the leave of absence was granted. Counsel took no bill of exceptions.</p> <p>3. Same.</p> <p>The district judge said, as stated in the per curiam of the bill of exception, that counsel consented to the change from the district attorney to the assistant attorneys.</p> <p>4. Witnesses—Corroboration.</p> <p>No attempt had 'been made by the state to impeach her own witness. A question was propounded which was not of an impeaching character. On account of this question, defendant, through counsel, sought to corroborate the witness for the state to whom it was pro1 pounded.</p> <p>5. Same.</p> <p>Defendant was not entitled to testimony for the purpose of corroborating the testimony of a witness who had not been impeached. Defendant could not support an unimpeached witness called by the state.</p> <p>(Syllabus by the Court.)</p>