State v. Robertson

Citations

• 111 La. 35
• 35 So. 375
• 1903 La. LEXIS 486

Syllabus

<p>CRIMINAL LAW — EVIDENCE — CONFESSIONS— OBJECTIONS—EXAMINATION OF WITNESSES.</p> <p>1. The evidence does not prove that defendant was intimidated, or that his confession was not free and voluntary. There was no inducement held out to defendant to confess. The confession was properly admitted in evidence.</p> <p>2. Objection to the admissibility should be made at the time that the witness testifies and a bill of exception is reserved. It is not timely to urge the objection on motion for new trial, and then to take a bill of exception.</p> <p>3. The examination of witnesses had been closed. It was a matter of discretion with the district judge to reopen it at that stage. It does not appear that his discretion was improperly exercised.</p> <p>4. In ordinary cases the witness ought to be examined as to facts only, and not as to any opinion or conclusion. A witness must not be examined in chief as to his belief or persuasion. Starkie on Evidence, p. 172.</p> <p>The testimony was not admissible, as it was a mere opinion or a suspicion of defendant’s guilt. The fact that there was a greasy spot on defendant’s coat was admissible as part of the res geste, if germane, but not the inference of guilt, or suspicion of guilt, or belief of guilt of the defendant.</p> <p>5. Admissible and inadmissible evidence were embraced in one sentence (and generally sentences are not broken or interrupted) when admitted. Here, because of an opposing rule, part of the sentence was not admissible—that part which begins with the words “I believe.”</p> <p>The other point raised about taking down all the testimony has no merit. The point with reference to dates as fixed, regarding the jury, presents no ground' requiring decision, as the defendant will have to appear before another jury drawn for another term.</p> <p>(Syllabus by the Court.)</p>