State v. Elfer

Citations

• 115 La. 964
• 40 So. 370
• 1905 La. LEXIS 758

Syllabus

<p>Criminal Law — Affidavit as to Crime-</p> <p>Preliminary Ex amin atio n — Arrest .</p> <p>A jury, called by the coroner of the parish of St. Charles to make an investigation touching the death of Armand Mercier, returned that for his death a certain named person was responsible for manslaughter as principal and certain other persons as accessories thereto.</p> <p>Thereupon the coroner made an affidavit against the parties in conformity with the conclusions reached by the jury. The parties were not arrested, nor was any preliminary examination held; but while matters were in this situation the district judge, on the force and strength of the antecedent proceedings, admitted the parties to bail. Thereafter a person, alleging that he was present at the homicide and personalty cognizant of the facts, presented himself before the judge, requesting that he be permitted to take an affidavit to the fact and to charge the parries with murder. The judge refused to take the affidavit, and application was thereupon made to the Supreme Court to compel, by mandamus, the judge to do so.</p> <p>The judge justified his refusal by reason of the action of the jury and of the coroner and of his own order admitting the parties to bail.</p> <p>Held, for reasons assigned, it was the duty of the district judge to have received the affidavit and caused the parties to be arrested and a preliminary examination made.</p> <p>(Syllabus by the Court.)</p>