State v. Douglas

Citations

• 116 La. 524
• 40 So. 860
• 1906 La. LEXIS 528

Syllabus

<p>1. 1-Iomioide—-Insanity as a Defense—Appointment of Experts.</p> <p>The plea of the defendant was insanity. It does not appear that the cause of the accused was prejudiced by the refusal of the trial court to appoint a board of medical experts.</p> <p>2. Criminal Law—Continuance.</p> <p>The physicians named in the motion examined the accused.</p> <p>3. Same—Pbooedube.</p> <p>Issue which could go to the jury. The, court, in substance, states in the per curiam that being aware that the plea of insanity would be raised on the trial before the jury (and the motion for the appointment of a board of experts having been made on the 14th of the month, the case being fixed for trial on the 19th), deemed it advisable and proper to refer the question of insanity to the jury; that the physicians named in the motion testified before the jury and stated that he was sane; that, if these physicians had examined the accused as to his insanity as a board of experts, their report would have added weight to the conclusion.</p> <p>Held, that the court’s action does not present ground for reversal of the verdict and judgment. State v. Reed, 7 South. 132, 41 La. Ann. 583; The Armstrong Case, 19 South. 475, 48 La. Ann. 504.</p> <p>4. Criminal Law — Continuance—Absence oe Witnesses—Discretion oe Court.</p> <p>It is settled by repeated decisions that the trial judge is vested with large discretion to grant or refuse such a motion.</p> <p>A subpoena was issued for a witness by the state, and a subpcena was issued for the same witness by the defendant.</p> <p>The return on the first subpoena showed that the witness could not be found. His whereabouts were unknown.</p> <p>No return had been made on the second subpoena, when the ease was called for trial. The deputy sheriff was expected, but had not yet returned.</p> <p>The court ruled that defendant should make a showing for the continuance. A showing was made which the court did not take as true. The trial was proceeded with. Before the jur