State v. High

Citations

• 116 La. 79
• 40 So. 538
• 1906 La. LEXIS 470

Syllabus

<p>1. Criminal Law — Continuance — Absent Witnesses — Admissions oe District Attorney.</p> <p>When, in order to avoid a continuance on the ground of the absence of witnesses, the district attorney makes the admission that the absent witnesses, if present, would testify as stated in the affidavit for continuance, he may at the same time reserve all legal objections to the admissibility of the evidence.</p> <p>[Ed. Note.—Eor cases in point, see vol. 14, Cent. Dig. Criminal Law, § 1345.)</p> <p>■ 2. Witnesses—Cross-Examination.</p> <p>Whether a witness shall be permitted to be cross-examined as to a matter irrelevant to the issue is a matter largely within the discretion of the trial judge, and to be determined from the peculiar facts of each case.</p> <p>[Ed. Note.—For cases in point, see vol. 50, Cent. Dig. Witnesses, §§ 925, 926.)</p> <p>3. Criminal Law—Evidence—Resisting Arrest.</p> <p>In showing that an accused resisted arrest, it is proper to let the witnesses give a connected story detailing all the circumstances, even though for doing so it become necessary to mention an act constituting a separate crime, as, for instance, the killing of one of the posse comitatus.</p> <p>[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, §§ 779, 780, 823.)</p> <p>4. Homicide—Evidence—Threats.</p> <p>What one witness heard another witness say is mere hearsay, and not sufficient evidence to lay a foundation for opening the door to proof of threats.</p> <p>5. Criminal Law — Trial — Outcry oe Bystander.</p> <p>That some one cried out to the jury, “Hang him! Hang him! Hang him! as they were passing in the street, even if otherwise good ground for new trial, will be held not to be such in a case where the counsel for defendant was present and heal’d the cry and did not object to going on, with the case, and where the jurors testify that the cry made no impression upon the jury.</p> <p>[Ed. Note.—Eor cases in point, see vol. 14, Cent. Dig. Criminal Law, §§ 1400, 205