State v. High

Citations

• 122 La. 521
• 47 So. 878
• 1908 La. LEXIS 494

Syllabus

<p>1. Criminal Law (§ 665*) — 1Trial — Exclusion 03? Witness — Permitting a Witness to Kemain in Coubt.</p> <p>When the trial judge thinks for good reasons that an exception should be made, and a witness who had been placed under the rule permitted to return to the courtroom (luring the trial, it affords no ground to set aside the verdict. Placing witnesses under the rule cannot be obtained as a matter of right.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1549-1506ya; Doc. Dig. § 665.*]</p> <p>2. Criminal Law (§ 1036*) — Objections to Evidence — Waives — Objection Not Timely.</p> <p>The witness’ testimony not having been objected to in time, as stated by the district court, its admission affords no good ground on appeal. The trial court, none the less, instructed the jury to give it no consideration, as it was hearsay.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Dec. Dig- § 1036.*]</p> <p>3. Witnesses (§ 236*) — Examination—Questions in Genebal — Testimony Properly Excluded as Irrelevant.</p> <p>A general question which was. not-propounded to elicit a relevant answer was properly excluded by the court.</p> <p>[Ed. Note. — For other cases, see Witnesses, Cent. Dig. §§, 817-826; Dee. Dig. § 236.*]</p> <p>4. Criminal Law (§ 338*) — Evidence — Admissibility-Mention oe Names Properly Excluded.</p> <p>However disreputable and lost in character a person may be, the name is not to be brought in as one who associated with deceased or defendant, unless connected in some way with the crime charged. As low as a person may be, she has a right to be let alone if she has violated no law.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § 338.*]</p> <p>5. Criminal Law (§ 413*) — Sele-Serving Declaration — Bequest.</p> <p>The testimony was self-serving. It was a request of the defendant which he desired to prove in matter of his own defense.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 928-935; Dec. Dig. § 4