State v. Howard

Citations

• 120 La. 311
• 45 So. 260
• 1907 La. LEXIS 647

Syllabus

<p>1. Criminal Daw — -Continuance—Affidavit.</p> <p>An affidavit for a continuance on account of the absence of witnesses, which fails to set forth that the facts expected to be established cannot be proved by other witnesses, is fatally defective.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1856.]</p> <p>2. Same — Appeal—Presumptions.</p> <p>Where the record does not contain the testimony elicited by the judge from a prospective juror examined on his voir dire, this court will assume that it justified the overruling of a challenge for cause.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 3023.]</p> <p>3. Jury — Competency— Opinions.</p> <p>Though persons summoned to serve as jurors may have heard, through common talk, or read in the newspapers, of the case to be tried, and may have formed opinions concerning the same, they are nevertheless competent, if upon examination upon voir dire it appears that they would be able to disregard such opinions and try and decide the case in accordance with the evidence to be produced on the trial and the law to be given by the court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 31, Jury, §§ 461-479.]</p> <p>4. Homicide — Evidence.</p> <p>Where two or more persons are tried for murder, it is competent, in order to show cooperation, preparation, and design, to prove that they were together at or near the place where the deceased might have been expected to be found at a time shortly anterior to that at which the homicide was committed.</p> <p>5. Criminal Law — Argument oe Prosecuting Attorney.</p> <p>Whether witnesses, in giving their testimony, will be influenced by the fact that they and the defendant in a criminal prosecution are members of the same race, nationality, family, church, lodge, or union, is a legitimate subject for discussion; and criticism of such witnesses by the prose’cuting officer, predicated upon the ground that they are likely