State v. Fairfax

Citations

• 107 La. 624

Syllabus

<p>Syllabus.</p> <p>1. Until an accused has had the benefit of compulsory process for securing the attendance of his witnesses he cannot be forced to trial; not even on the offer of the prosecution to admit that the witness if present would testify as it is claimed that he would.</p> <p>2. An accused has not had such benefit when the witness has not appeared and the sheriff has made no return, and it is not known whether a summons timely placed in his hands has been served or not.</p> <p>3. An order for the attendance of a witness from a neighboring parish stands good until revoked, or until to the knowledge of the accused such witness has removed from such parish; and such order need not be renewed at- the sac ceeding term, or terms, of court when the case has gone over.</p>