State v. Mitchell

Citations

• 119 La. 374
• 44 So. 132
• 1907 La. LEXIS 486

Syllabus

<p>1. Grand Juey — Drawing — Motion to Quash.</p> <p>The statutory requirement that the slips on which are written the names of grand jurors shall be drawn from the envelope in which they have been placed by the jury commission is merely directory; and the drawing of such slips from a box provided for the purpose is not per se such an irregularity as will warrant the quashing of the venire.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 24, Grand Jury, § 17.]</p> <p>2. Witnesses — Impeachment.</p> <p>The impeachment of the credibility of a witness by proof of contradictory statements is always relevant and material, and it is no objection that the impeaching statement necessarily includes some act or circumstance not independently admissible in evidence.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 1240-1248.]</p> <p>3. Criminal Law — Appeal—Improper Remarks oe Counsel.</p> <p>It is only in extreme cases that verdicts will be set aside on account of improper remarks made by the prosecuting officer, especially when the court has interfered by rebuking the officer and instructing the jury as to their duties.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 3127.]</p> <p>4. Same — Instructions.</p> <p>The charge to the jury should be considered as a whole, in the light of the issues before the court, and mere verbal criticisms of detached portions disregarded.</p> <p>[Ed. Note. — Eor, cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1990.]</p> <p>Monroe and Provosty, JJ., dissenting from denial of rehearing.</p> <p>(Syllabus by the Court.)</p>