State v. Montgomery

Citations

• 121 La. 1005
• 46 So. 997
• 1908 La. LEXIS 784

Syllabus

<p>1. Juey —Drawing Jurors — Statutory Requirements.</p> <p>The statute (Act No. 135, p. 216, of 1898) does not direct that the names of the petit jurors be drawn from the envelope.</p> <p>2. Same — Objection Not Timely.</p> <p>The objection to the drawing was raised •after eight of the jurors had been accepted.</p> <p>■8. Same.</p> <p>The jury was drawn, as to the eight, in accordance with the custom which had prevailed in the trial court.</p> <p>4. Same.</p> <p>As to the remaining four jurors, they were drawn in accordance with suggestion of counsel for defendant.</p> <p>5. Same.</p> <p>There was nothing unfair or irregular in the drawing of the names of the jurors.</p> <p>•6. Homicide — Appeal — Harmless Error — Admission oe Evidence.</p> <p>The testimony admitted before the coroner’s inquest to prove the cause of death did not ■conflict with the coroner’s inquest.</p> <p>It would have been more regular if the coroner’s inquest had been offered after the objection was raised. In view of the fact in connection with the offering of the inquest, held, that it was not reversible error.</p> <p>7. Criminal Law — Nonexpert Testimony-Sanity.</p> <p>The testimony of nonexpert witnesses regarding sanity may, under proper safeguard and under certain state of facts, be admitted.</p> <p>The court does not find it possible to remand the case for a new trial on that ground.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1045, 1046.]</p> <p>8. Same — Trial—Remarks oe Counsel — Correction.</p> <p>A statement of the prosecuting officer made in error may be corrected, if offer to correct is timely made.</p> <p>9. Same.</p> <p>The intemperate remarks made by the district attorney were not such as to influence the jury. Such was the conclusion of the trial judge, who states instructions given to the jury to guard against their influence. Jurors must be credited with some judgment, and that they are not to be swayed by hasty remarks. State v. Butler,