State v. Perry

Citations

• 51 La. Ann. 1074
• 25 So. 944
• 1899 La. LEXIS 523

Syllabus

<p>Syllabus.</p> <p>1. Even after appeal in a criminal case, the trial court may, In a proceeding taken contradictorily with the appellant, correct and amend its minutes so as to present the true facts for the consideration of the Appellate Court.</p> <p>2. District attorneys prosecuting on behalf of the State should look carefully after the minute entries of the court relating to prosecutions.</p> <p>3. Judges and clerks of trial courts might save much delay and'trouble, as well as facilitate gosd order and promote regularity of proceeding, by more attention to such details.</p> <p>A. Defendant, on trial, is not prejudiced by denial of motion to attach a wit ness whose evidence is immaterial.</p> <p>■5. Granting or denying applications for continuance of criminal causes rests largely in the discretion of the trial judge,- and his rulings will not be interfered with unless a clear case of abuse of discretion is presented.</p> <p>■6. A possible motive existing in another other than the accused, and that other not named or suggested, to slay the deceased through revenge for an antecedent killing by him, has a bearing, if any at all, so remote as to render ' subject to the objection of irrelevancy and immateriality evidence sought to be introduced of such killing by the accused.</p> <p>•3. Where the accused objects to evidence of inculpatory declarations by him on the ground that a proper foundation for the same has not been laid, he should specify the defect complained of.</p>