State v. Feazell

Citations

• 116 La. 264
• 40 So. 698
• 1906 La. LEXIS 497

Syllabus

<p>1. Witnesses — Criminal Law — Cross-Examination ob Accused.</p> <p>The state has the right to cross-examine a witness for the accused on matters pertinent to and growing out of or clearly connected with the matters elicited on the examination in chief.</p> <p>[Ed. Note.—For cases in point, see vol. 50, Cent. Dig. Witnesses, §§ 931-948.]</p> <p>2. Homicide—Appeal—Review—Rulings on Evidence.</p> <p>The ruling of the trial judge that no-overt act or hostile demonstration had been proved, _ and therefore that no foundation had been laid for the admission of proof of a previous difficulty between the accused and the deceased, is reviewable on appeal, when all the evidence on which the trial judge acted is brought up by bill of exception; but such ruling will not be disturbed unless it be made to appear that the trial judge has abused the sound legal discretion vested in him.</p> <p>3.Same—Remarks ob Counsel.</p> <p>An improper remark of counsel, made in the heat of argument, reflecting on the temper of the accused and suggesting that she may have used intoxicants, cannot be considered as working prejudicial error when counsel subsequently asked the jury to disregard anything he may have said that was not based on the evidence, and the court charged the jury to disregard all such statements of counsel on either side.</p> <p>[Ed. Note.—For cases in point, see vol. 14, •Cent. Dig. Criminal Law, §§ 1692, 1699.]</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>