State v. Gallo

Citations

• 115 La. 746
• 39 So. 1001
• 1905 La. LEXIS 732

Syllabus

<p>W itness — Impeachment.</p> <p>On the trial of defendant for murder, a witness for the state having, in the course of his examination, stated that a few hours before the killing the deceased had cursed the mother and sister of the accused in the latter’s presence, the district attorney offered to prove, for the avowed purpose of impeaching the credibility of the witness, that he was charged on affidavit as being an accessory before the fact to the crime in question, and the court admitted the evidence over defendant’s objection, held, that the state cannot thus impeach the character or credibility of a witness for the prosecution, and that, therefore, the verdict and sentence should be set aside and the case remanded.</p> <p>(Syllabus by the Court.)</p>