State v. Simmons

Citations

• 121 La. 561
• 46 So. 651
• 1908 La. LEXIS 717

Syllabus

<p>1. Criminal Law — Continuances.</p> <p>There is a broad discretion vested in the trial judge in the matter of granting continuances in criminal cases, and it is no abuse of that discretion where, being satisfied from the evidence adduced that there is no reasonable certainty that a witness can be obtained for the purpose of a subsequent trial, he refuses a continuance, asked for on account of his absence.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1311, 1321, 1322.]</p> <p>2. Same — Absent Witness.</p> <p>A defendant in a criminal prosecution is not prejudiced by the refusal of the court to grant a continuance in order to enable him to secure the presence of an absent witness where it appears that the testimony expected to have been elicited from such witness would not have been admissible.</p> <p>[Ed. Note.' — For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1323-1327.]</p> <p>3.' Same — Appeal—Rulings on Evidence.</p> <p>Where the whole evidence is not brought up, the finding of the trial judge that there was not sufficient proof of an overt act on the part of the deceased to authorize the admission of evidence of prior threats is conclusive, under the jurisprudence of this court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2938, 2939.1</p> <p>(Syllabus by the Court.)</p>