State v. Sims

Citations

• 117 La. 1036
• 42 So. 494
• 1906 La. LEXIS 814

Syllabus

<p>1. Criminal Law — Separation op Jury.</p> <p>The momentary separation of a juror from his fellows while retiring to consider their verdict, talcing place in the courtroom under the eye of the judge and in the presence of the sheriff, will not vitiate their verdict, especially when it is affirmatively shown that there was no misconduct.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 2039-2047.]</p> <p>2. Same — New Trial.</p> <p>A motion for a new trial on the ground of newly discovered evidence is properly refused, when such evidence would be merely cumulative and not change the result. When such a motion is supported only by the affidavit of the accused, it is entitled to little or no consideration.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2328, 2336.]</p> <p>3. Same — Assignment oe Attorney.</p> <p>The duty of the court to assign counsel to the accused arises only where the accused makes the request for such assignment and shows that he is financially unable to employ an attorney.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1500.]</p> <p>4. Same — Sentence.</p> <p>In cases not capital, it is not essential that the court, prior to sentence, should ask the defendant if he has anything to say why sentence should not be passed upon him.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2512.]</p> <p>(Syllabus by the Court.)</p>