State v. Jones

Citations

• 51 La. Ann. 103
• 24 So. 594
• 1898 La. LEXIS 572

Syllabus

<p>Syllabus.</p> <p>1. After a case, as to the introduction of evidence, is closed, the question of re* opening it for further evidence is one left largely to the. discretion of the trial judge and his ruling thereon will not be disturbed unless a clear case is shown of the abuse of such discretion.</p> <p>2. Counsel in argument should not indulge in statements of fact beyond and’ outride of the facts brought out in evidence, and whore a prosecuting attorney abuses the privilege of argument to the manifest prejudice of the accused, it is the duty of the trial judge to interfere, and if he fails to do so. and the impropriety is gross, it is good ground for reversal. Held, however, that the transgression in the instance complained of not to be of that grave-character warranting the setting aside of the verdict.</p> <p>3. Error, alleged in an assignment of errors filed in this court, .to be patent outlie face of the record, must appear from the record with certainty, else nothing is presented for the court to act upon.</p>