State v. Easley

Citations

• 118 La. 690
• 43 So. 279
• 1907 La. LEXIS 788

Syllabus

<p>1. Criminal Law — Objections to Evidence.</p> <p>Where evidence is admissible in rebuttal for the purpose of showing that the prosecuting witness was honestly mistaken as to one of the ■articles taken from him in a robbery, and the evidence is restricted to that sole purpose by the ruling of the court, an objection that such ■evidence tended to show the taking of an article not specified in the charge is without merit.</p> <p>2. Witnesses — Impeachment.</p> <p>Where the credibility of the prosecuting witness was sought to be impeached by evidence tending to show that he had sworn falsely as to ■one of the articles taken at the time of the robbery, testimony tending to show that he was not mistaken as to other articles is admissible in rebuttal.</p> <p>3. Criminal Law — Misconduct op Counsel —Prejudice.</p> <p>The presumption is that the prejudicial effect of an improper remark made by the prosecuting officer during the trial was nullified by. the instructions of the court to the jury to disregard such remark and to decide the cause solely on the evidence. The exceptions to the rule are restricted to very extreme cases, such as an appeal to race prejudice, or an unfavorable comment on the failure of the accused to testify in his own behalf. State v. Bessa, 38 South. 985, 115 La. 259; State v. Robinson, 36 South. 811, 112 La. 939.</p> <p>4. Same — Review of Verdict.</p> <p>The Supreme Court of this state is without power to review the verdict of the jury on the facts of the case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 3074, 3083.]</p> <p>(Syllabus by the Court.)</p>