State v. Riggio

Citations

• 124 La. 614
• 50 So. 600
• 1909 La. LEXIS 512

Syllabus

<p>1. Obiminax, Law (§ 369*) — Evidence—Other Offenses.</p> <p>In a prosecution for an assault wútk, intent to rape, evidence of other assaults of accused upon prosecuting- witness at other times and places is inadmissible.</p> <p>2. Criminal Law (§ 1111*) — Bill of Exceptions — Conclusiveness.</p> <p>Under the rule that recitals of a bill of exceptions as drafted by counsel must be accepted as correct, unless contradicted by the judge, they must be considered correct, where the judge merely states that he cannot remember whether an objection was made as stated in a bill.</p> <p>3. Criminal Law (§ 1170%*) — Appeal—Review — Harmless Error — Cross-Examination.</p> <p>Where, in a criminal prosecution, accused restricted a witness in direct examination to whether or not the original affidavit made before him specified any date for the alleged offense, error, if any, in-permitting him to answer, on cross-examination, that prosecuting witness said that she was uncertain as to the date, was harmless.</p> <p>4. Indictment and Information (§ 176*)— Issues .and Proof — Date of Offense.</p> <p>The exact time when an offense was committed, except where time is. of essence, need not be proved in a criminal case; but proof that it was committed before the finding of the indictment and within the prescriptive period suffices, and hence the exact date of an assault with intent to rape need not be proved.</p> <p>5. Criminal Law (§ 724*) — Trial—Improper Argument.</p> <p>Act of the district attorney, in a prosecution for assault with intent to rape,' in referring to accused and his son as “these brutes,” is not necessarily ground for reversal.</p> <p>6. Criminal Law (§ 719*) — Trial—Improper Argument.</p> <p>In a prosecution for assault with intent to rape, the district attorney in his argument said: “The district judge, on the preliminary examination, refused the accused the right of bail. Gentlemen of the jury, he is a magistrate learned in the law. He knew what he was doing, and y