State v. Firmatura

Citations

• 121 La. 676
• 46 So. 691
• 1908 La. LEXIS 737

Syllabus

<p>1. Grand Jury — Employment oe Interpreter — Presence at Examination oe Witnesses.</p> <p>An interpreter is regarded as a witness, and as such may be called by the grand jury and sworn by the foreman, without special appointment by the court. When called to translate the testimony given by other witnesses, he must necessarily be present when such witnesses testify, and so long as he confines himself to the discharge of the function for which he is called his presence is unobjectionable. To hold_ otherwise would be to impose restrictions which the law does not impose upon the power of the grand jury to avail themselves of an ordinary and necessary instrumentality for the discharge of their duties.</p> <p>2. Same — Persons Wiio may Act.</p> <p>One is not disqualified from acting as an interpreter, in proceedings before the grand jury, by being called as a witness to the facts, nolis he necessarily disqualified by reason of his being a deputy sheriff and taking an active part in the effort to discover the author of the supposed crime which is being investigated; and where the same person who interpreted in the proceedings before the grand jury renders that service satisfactorily and without objection during the subsequent trial of the party indicted, an appellate court will not reverse the verdict upon the basis of unsupported allegations, contained in a motion to quash the indictment, which upon the hearing of such motion were denied under oath, as to the unfitness of the interpreter to act before the grand jury.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 24, Grand Jury, § 77; vol. 50, Witnesses, §§ 5, 812.]</p> <p>3. Indictment and Information — Motion to Quash — Grounds.</p> <p>Where several persons are jointly indicted for the same offense and are in custody, either may be called by the grand jury to testify as against the others, and where_ the one called appears willingly, and, testifying- after being informed that he could not be compelled to