State v. Hebert

Citations

• 104 La. 227

Syllabus

<p>Syllabus.</p> <p>1. The fact that a juror has formed and expressed an opinion, from what he has been told or has read, does not disqualify him where he states on his voir dire that he can, nevertheless, try the ease fairly and impartially, upon the evidence presented in court and upon the law as given by the judge, and that he is free from bias and prejudice.</p> <p>2. Where a motion for new trial is made, upon the ground that the District Attorney, in his argument to the jury, misstated and, by gesture, 'misrepresented the facts, as established by the evidence, and no action by the trial judge is invoked at the time, and the testimony, taken in support of the motion and on behalf of the State, (which, however, fails to show that the District Attorney referred to any facts not proved) is not embodied in, or attached to, the bill of exceptions taken to the overruling of the motion this court will not interfere.</p> <p>3. A motion in arrest of judgment, upon the ground that a material admission, was made by the defendant’s counsel, out of his presence, is properly overruled when it appears that the defendant, himself, made the same admission, as a witness on the stand.</p>