State v. Johnston

Citations

• 118 La. 276
• 42 So. 935
• 1907 La. LEXIS 708

Syllabus

<p>1. Criminal Law — Insanity as Defense-Preponderance of Evidence.</p> <p>Defendant’s plea being insanity, the court properly refused to charge that the prisoner is entitled to an acquittal if on all the evidence there is a reasonable doubt of his sanity at the time of the commission of the act, and properly charged, instead, that the defendant has to prove his insanity by a fair preponderance of evidence.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1286.]</p> <p>2. Same — New Trial — Postponement.</p> <p>A motion for new trial coming on to be heard 13 days after verdict, the court properly refused further time in which to subpoena a witness, especially that, while the residence of the witness was known, his whereabouts for the time being were not known. And it makes no difference that the witness appeared on the same day and could have been heard if the trial of the motion had been postponed for but one day.</p> <p>(Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2349-2358.]</p> <p>(Syllabus by the Court.)</p>