State v. Pointdexter

Citations

• 117 La. 380
• 41 So. 688
• 1906 La. LEXIS 710

Syllabus

<p>1. Homicide — Evidence.</p> <p>The accused, indicted for murder, and found guilty, appeals, relying upon various bills of exception.</p> <p>2. Criminad Law — Change oe Yenue— Prejudice Throughout the Parish.</p> <p>The testimony did not support the motion of accused for a change of venue. State v. Gonsoulin, 38 La. Ann. 459.</p> <p>[Ed. Note. — For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 243.]</p> <p>3. Indictment — Motion to Quash — Objection Not Sustained by Facts.</p> <p>Bills set forth that a motion to quash was filed on the ground of illegality of the proceedIngs by reason of tbe fact that the back of the indictment does not show that the accused were indicted for the crime charged in the body of the indictment. Further, in the same bill of •exception that the presentment of the grand jury does not contain the name of “Diamond Rigby” one of the accused. The answer is:</p> <p>(a) That the title written on the indictment ■substantially included the names of both accused and the nature of the crime, indorsed as follows: “Indictment for Murder.” “A true 'bill. [Signed] N. W. Nuse, Foreman.” Besides, indorsement of the nature of the crime is not necessary to the validity of the indictment.</p> <p>(b) Question of Identity. Touching the objection that the name of accused was “Rigby” :and not “Rigley.” The accused must have been identified. There is no contention that he was not identified.</p> <p>It cannot be determined fi’om the record whether the name is Rigby or Rigley. The “b” is written so that it may be taken for “1” or “b.”</p> <p>Idem sonans. Moreover the rule idem sonans applies. State v. Turner & Reed, 25 La. Ann. 575; State v. Johnson (recently decided) 41 South. 117, 116 La. 856.</p> <p>[Ed. Note. — For cases in point, see vol. 27, ■Cent. Dig. Indictment and Information, § 140; vol. 36, Cent. Dig. Names, §§ 13, 14.]</p> <p>4. Criminal Law — Appeal —Review —No Special Merit.</p> <p>The next exception in the order the exceptions are argued