State v. Lejeune

Citations

• 52 La. Ann. 463

Syllabus

<p>n DYLLABUS.</p> <p>1. The absence of a co-defendant who has not been summoned as a witness is no ground for continuance.</p> <p>2. Bven if error is committed in refusing a continuance because of the absence of a witness, such error is not ground for reversal when the absent witness subsequently appears and testifies in the ease.</p> <p>3. Evidence claimed to be newly discovered, is not ground for new trial when such evidence is merely cumulative.</p> <p>4 where from' its nature and the' relation of the witnesses to the parties accused, and the length of time the indictment has been' pending, the claim of newly discovered evidence appears highly improbable, the ruling denying the motion for'new trial will not be disturbed.</p> <p>5. Nor will it be disturbed when the evidence itself is so weak that it, likely, would not have afljected the result.</p>