State v. Ferguson

Citations

• 114 La. 70
• 38 So. 23
• 1905 La. LEXIS 417

Syllabus

<p>CRIMINAL LAW — NEW TRIAL — APPEAL — EVIDENCE — DILIGENCE — MURDER — VERDICT-IMPEACHMENT — MISCONDUCT OP JURORS.</p> <p>1. The allegation in a motion for new trial,, the overruling of which is made the ground of a bill of exceptions, that the verdict is contrary to law and the evidence, of itself, presents no-question which this court can review.</p> <p>2. The general rule that a new trial will not be granted on the ground of newly discovered evidence which is merely cumulative to that introduced on the' original trial is not absolutely inflexible, but a new trial should not be granted in such case unless the evidence relied on impresses the trial judge with a decided belief that, if added to the other, it would be likely to turn the scale in favor of the accused.</p> <p>3. When the record does not contain the evidence adduced on the original trial, the opinion of the trial judge upon the questions, whether or not the newly discovered evidence suggested as a ground for new trial would be merely cumulative, and whether or not it would be likely to result in a change of the verdict, is necessarily conclusive in this court.</p> <p>4. The question of diligence vel non in the-¿matter of obtaining evidence for the defense of a criminal case is one the determination of which rests largely in the discretion of the trial judge, whose conclusion thereon will not be disturbed on appeal unless manifestly erroneous.</p> <p>5. Where, upon a preliminary examination, a person accused of murder has been required to give bond for his appearance, and he is thereafter indicted for manslaughter, and, when called for trial, announces, through counsel of his own selection, that he is ready, and is thereupon tried and convicted, and where he makes application for a new trial based upon the grounds that his counsel had not sufficiently prepared himself, because he was otherwise engaged, and because, from an investigation of the record of such preliminary examination (including certain ung