State v. Heidelberg

Citations

• 120 La. 300
• 45 So. 256
• 1907 La. LEXIS 645

Syllabus

<p>1. Witnesses — Cross-Examination oe Accused.</p> <p>Where the accused testified to circumstances surrounding the homicide, the state had the right to elicit on cross-examination a full and complete account of the action and conduct of both parties on the same occasion. State v. Feazell, 116 La. 264, 40 South. 698.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 979-984.]</p> <p>2. Criminal Law — Trial — Argument oe Counsel.</p> <p>The delay to be granted counsel for rest and preparation for argument after the evidence is closed is a matter within the sound discretion of the lower court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1655-1657.]</p> <p>S. Witnesses — Cross-Examination.</p> <p>Where a witness is recalled by the state for the purpose of rebuttal, the cross-examination must be confined to the matter on which the witness has been re-examined.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 1006, 1007.]</p> <p>4. Criminal Law — Evidence in Rebuttal.</p> <p>The state has the right to rebut the testimony elicited on the cross-examination of the accused as a witness in his own behalf. The state could not contradict the accused before he testified, and contradiction is one of the modes of impeaching a witness.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1615-1618.]</p> <p>5. Same — Misconduct oe Prosecuting Attorney.</p> <p>Except in extreme cases, the presumption is that the prejudicial effect on the jury of improper remarks made by counsel for the state was removed by tlie instructions of the court to the jury to disregard the same. ' State v. Easley, 118 La. 690, 43 South. 279.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1693.]</p> <p>6. Same — Insakitt—Heaesat Opinion.</p> <p>The hearsay opinion of even an expert on insanity is not admissible in evidence.</p> <p>[Ed. Note. — For cases in