State v. Silva

Citations

• 118 La. 660
• 43 So. 269
• 1907 La. LEXIS 783

Syllabus

<p>1. Criminal Law — Remarks of Counsel Not Prejudicial to Defendant.</p> <p>A remark as made by the assistant district attorney, while examining a witness, not such as calculated to have bearing upon the cause, nor influence upon the jury.</p> <p>2. Same — New Trial — Surprise.</p> <p>No objection was timely made on the ground of surprise. It was too late to urge the objection on the application for a new trial. A party must be prompt to avert the consequence of surprise.</p> <p>TEd. Note. — Eor cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2304.]</p> <p>3. Same.</p> <p>Merely impeaching testimony is insufficient. (Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2331, 2332.] (Syllabus by the Court.)</p>