State v. Jackson

Citations

• 106 La. 413

Syllabus

<p>Syllabus.</p> <p>1. A former trial cannot be made the basis of a plea of once in jeopardy when it was had before the judge instead of before the jury, in a case in which, under the Constitution, the prisoner could not waive trial by jury.</p> <p>2. The affidavit on which the defendant was arrested on the charge on which he is being tried is inadmissible in evidence against Him; and since such affidavit is a sworn dclaration of the defendant’s having committed the crime for which he is on trial, and is therefore of a nature to make an impression on the minds of the jury, its admission in evidence is reversible error.</p> <p>3. Whether such affidavit is ever admissible, it is certainly not so to prove that a certain witness had not made it, when the fact of the said witness not having made the affidavit has already been established by the witness, and 1b, besides, not material to the issue.</p>