State v. Forbes

Citations

• 111 La. 473
• 35 So. 710
• 1903 La. LEXIS 551

Syllabus

<p>CRIMINAL LAW—TRIAL—TALES JUROR-COMPETENCY OP JURORS — HOMICIDE — DECLARATIONS OP DECEASED—EVIDENCE—QUESTION POR COURT—COMMON LAW—ARGUMENT OP COUNSEL—INSTRUCTIONS.</p> <p>1. The opportunity was given to the defendant to have his witness heard, although he, the witness, was not present when the case was called for trial.</p> <p>2. A deputy sheriff who is not performing any of the duties of the office at the time may be a tales juror, if he does not invoke exemption.</p> <p>3. A member of the general venire for the term may be called in and sworn, although absent when called, if he comes in before the jury is complete.</p> <p>4. A mere suggestion to the district attorney by a juror not to take a person called on the jury, on ground that does not give rise to the least impression of prejudice against the accused, is not ground to declare him incompetent from serving as a juror.</p> <p>5. The ruling of the court permitting expert witnesses to remain in the courtroom during the trial is not ground to set aside the verdict.</p> <p>The rule is largely left to the discretion of the trial judge.</p> <p>6. If the declaration of the deceased is associated with and relates to the homicidal deed (even though separated from it for two minutes) it is admissible.</p> <p>7. The question did not turn upon any refusal of the clerk of court to take down the testimony under the law, which requires him to take down testimony when there is variance regarding the facts between the trial judge and counsel. The clerk did not refuse to take down the testimony. There is no issue in that respect. There is sufficient evidence before the court to clearly present the issue regarding asserted overt act for which defendant contends.</p> <p>Decisions have repeatedly held that it is within the power of the district judge to decide whether there is any evidence at all, or whether there is sufficiency of evidence. State v. Labuzan, 37 La. Ann. 490; State v. Janvier, 37 La. Ann. 644; State v. Spell, 38