State v. Daniels

Citations

• 122 La. 261
• 47 So. 599
• 1908 La. LEXIS 445

Syllabus

<p>1.Criminal Law (§ 627*) — Trial—Service or Copt or Indictment — 'Variance.</p> <p>An accused, charged with the burglary of ■a “box car,” was served with a copy of the information in which the word “ear” was omitted. Held, that the variance was material, and .could not be cured by reference to an indorsement forming no part of the information, and that the case should have been continued for proper service, as prayed for by the accused.</p> <p>[Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. § 1403; Dec. Dig. § 627.*]</p> <p>2. Criminal Law (§ 665*) — Trial—Separation or Witnesses.</p> <p>The granting or refusing of a motion for the separation or sequestration of witnesses is within the sound discretion of the trial judge.</p> <p>[Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. § 1549; Dec. Dig. § 665.*]</p> <p>3. Burglary (§ 28*) — Indictment—Issues— Date or Crime.</p> <p>In cases of burglary, the exact date of the offense is not material, and so an approximate date may be proven.</p> <p>[Ed. Note. — Eor other cases, see Burglary, Cent. Dig. §' 70; Dec. Dig. § 28.*]</p> <p>4. Criminal Law (§ 1144*) — Trial — Presence or Accused.</p> <p>Where the trial comménced and was concluded on the same day, the presence of the accused, being affirmatively shown at the beginning, will be presumed to have continued until the end.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2765; Dec.'Dig. § 1144.*]</p> <p>(Syllabus by the Court.)</p>