State v. Menard

Citations

• 110 La. 1098
• 35 So. 360
• 1903 La. LEXIS 756

Syllabus

<p>CRIMINAL, LAW — TRIAL—ARGUMENTS OF COUNSEL — EVIDENCE—USE OF MEMORANDUM.</p> <p>1. The court may stop counsel for the accused from arguing to the jury a proposition of law plainly and flagrantly at variance with the accepted and well recognized law of the state — for instance, that bare consent and cohabitation constitute marriage in Louisiana, The jury are the judges of the law, and therefore counsel may argue to them on the law; but they are so only subject to the charge of the court, and therefore the court is not bound to sit by while their minds are being poisoned with rank legal heresy.</p> <p>2. Where the witness has an independent recollection of the facts, a written memorandum made by him is inadmissible.</p> <p>(Syllabus by the Court.)</p>