State v. Johnson

Citations

• 116 La. 30
• 40 So. 521
• 1906 La. LEXIS 461

Syllabus

<p>1. Indictment—Amendment.</p> <p>Just before beginning with the trial, the court may authorize the district attorney to substitute the proper name of the person who was wounded, for the infliction of which the defendant is prosecuted.</p> <p>[Ed. Note.—Eor cases in point, see vol. 27, Cent. Dig. Indictment and Information, § 514.]</p> <p>2. Criminal Law—Appeal—Continuance.</p> <p>The court’s refusal to continue a case will not be overruled, unless it operate injustice.</p> <p>[Ed. Note.—For cases in point, see vol. 15, Cent. Dig. Criminal Law, § 3045.]</p> <p>3. Witnesses—Recalling.</p> <p>After examination and re-examination, a witness may be recalled in a criminal case. State v. Scott, 24 La. Ann. 161; State v. Baker, 30 La. Ann. 1134; State v. Coleman, 27 La. Ann. 691; State v. Rose, 33 La. Ann. 932.</p> <p>[Ed. Note.—F-or cases in point, see vol. 50, Cent. Dig. Witnesses, § 899.]</p> <p>4. Criminal Law—Instructions.</p> <p>The .trial judge properly declined to instruct the jury that they could find the defendant guilty of a less offense than that which he was charged to have committed. There was no evidence to justify the finding.</p> <p>[Ed. Note.—For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 1985.]</p> <p>Prorosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>