State v. Sims

Citations

• 106 La. 453

Syllabus

<p>Syllabus.</p> <p>1. A confession in which one of the defendants owned that he had sold the property and said that he had disposed of it under the direction of his co-defendant, is admissible in so far as he is concerned, and not against his co-defendant, as to whom the jury was instructed that it should not have any effect. Confessions are to have effect only against the parties making them. State vs. Havelin, 6 Ann. 167 ; State vs. Fontaine, 26 Ann. 513 ; State vs. Harris and Nellum, 27 Ann. 573 ; State vs. Johnson, 47 Ann. 1230.</p> <p>2. A defendant may testify in his own behalf, although he may try to cast the guilt upon his associates. It may bear upon his credibility, but does not pre sent grounds to exclude his testimony. Underhill Crim. Ev., p. 77. The “ testimony is admissible for or against the other under instructions from the trial judge to the jury to restrict such testimony.” State vs. Adams, 40 Ann. 213; State vs. Wright, 41 Ann. 600.</p> <p>3. The defendants were indicted jointly and no objection was made to a joint trial.</p> <p>4. The court is entrusted with some discretion to permit the prosecution or the defense to bring in additional testimony after the close of the evidence and before the argument has begun. 31 Ann. 267; 39 Ann. 319.</p>