State v. Emory

Citations

• 151 La. 152
• 91 So. 659
• 1922 La. LEXIS 2685

Syllabus

<p>' (Syllabus by Editorial Staff.)</p> <p>1. Criminal law <§=>11701/2(3) — Admission of question asked character witness on cross-examination, but not answered, held immaterial.</p> <p>The overruling of an objection to a question asked a character witness on cross-examination as to whether he knew what defendant’s conduct was when he was not present was immaterial, where the witness did not answer, and if he had answered would have said he did not know.</p> <p>2. Criminal law <§=>656(5), 776(1) — Remark of court and refusal of instruction as to character evidence held erroneous.</p> <p>Where defendant’s character witnesses admitted that they had never heard defendant’s reputation or character discussed, it was error for the court in ruling on objection to state that he did not see how the witness could know the defendant’s character or reputation, and to refuse to charge in substance that the best evidence of good reputation is where the witness has never heard it discussed, questioned, or talked about.</p> <p>3. Criminal law <§=>380 — Evidence of particular act of wrongdoing not admissible to rebut character evidence.</p> <p>Evidence of a particular instance of wrongdoing on defendant’s part was not admissible to rebut evidence of his good reputation.</p>