State v. Hogan

Citations

• 117 La. 863
• 42 So. 352
• 1906 La. LEXIS 780

Syllabus

<p>1. Homicide — Indictment—Name of Deceased.</p> <p>In an indictment for murder, under section 1048 of the Revised Statutes, the deceased is sufficiently described by his proper name.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 26, Homicide, §§ 208-209.]</p> <p>2. Criminal Law — Confessions.</p> <p>A free and voluntary confession made by an accused to a police officer while under arrest is admissible against him, although the accused was not cautioned or warned as to the use that would be made of the same. Intoxication, less than mania, does not exclude a confession made during its continuance, but is a fact for the jury tending to discredit such confession.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1157-1169, 1199.]</p> <p>3. Same — Conduct of Accused.</p> <p>The actions and conduct of the accused after the homicide are admissible in evidence against him, although forming no part of the res gestae.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig-vol. 14, Criminal Law, §§ 776-785.]</p> <p>4. Same —Calling Witnesses — Discretion of Court.</p> <p>A witness who had not been summoned, when all the other witnesses were excluded from the courtroom, was called by the state in rebuttal, and permitted to testify, over the objection of the accused. Held, that the matter was within the sound discretion of the trial-judge, and that such discretion would not be interfered with in the absence of proof of fraud' or wrongdoing on the part of the prosecution.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1556-1562.]</p> <p>5. Witnesses — Impeachment.</p> <p>Where nonexpert opinion testimony as to-insanity has been received on the stand, evidence tending to show the expression of an inconsistent opinion by the same witness is always admissible in rebuttal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig, vol. 50, Witnesses, § 1225.]</p> <p>6. Criminal Law — Insanity from Drunkenness