State v. O'Malley

Citations

• 115 La. 1096
• 40 So. 470
• 1905 La. LEXIS 761

Syllabus

<p>1. Criminal Law — Trial — Calendars — Transfer of Cases.</p> <p>Under section 4, rule 13, adopted by the criminal district court pursuant to the authority conferred by article 139 of the Constitution, the judge present may, upon the motion of the district attorney, or the counsel for the accused, and for cause shown, order any ease allotted to the section presided over by the absent judge to be reassigned to the section presided over by the judge present. There is no conflict between this rule and Act No. 117, p. 159, of 1890, and this court will be slow in undertaking to control the discretion vested in the judges of the district court in the matter of the application of the rule.</p> <p>2. Indictment and Information — Method of Prosecution.</p> <p>Offenses not capital may be prosecuted by information or indictment, or both, but one conviction being legally possible.</p> <p>3. Libel — Evidence—Admissibility.</p> <p>A defendant, charged with libel, has no standing to complain of injury resulting from the admission in evidence of the paper containing the alleged libel, when it appears that the same paper was offered on his behalf.</p> <p>4. Same.</p> <p>The objection that the defendant, in a prosecution for libel, had not been connected with an article contained in a newspaper other than that.in which the .alleged libel was published, affords no basis for the argument in this court that such paper should have been excluded, because it “had no conection with or relevancy to the charge of libel set forth in the information.”</p> <p>5. Same — Harmless Error.</p> <p>Where, in a criminal case tried without a jury, a bill of exceptions taken to the admission of testimony fails to connect the testimony objected to with the issues being tried, this court must accept the statement of the trial judge that such testimony produced no effect upon his mind, and the defendant could have sustained no injury thereby.</p> <p>(Syllabus by the Court.)</p>