State v. Smith

Citations

• 120 La. 530
• 45 So. 415
• 1908 La. LEXIS 534

Syllabus

<p>1. Ceiminal Law — Triai>-Reoeption oe Evidence — Rebuttal.</p> <p>The fatal shot having been fired by one of a crowd and killed a bystander, and the question being as to who had fired it, and the prosecution having rested its case after offering evidence to show that defendant had fired it, and the defendant having rested his case after offering evidence to show that another member of the crowd had fired it, the prosecution could not offer the confession of defendant that he had fired the fatal shot as rebuttal. The confession was not rebuttal evidence, but should have been offered as part of the evidence in chief.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 1615.]</p> <p>2. Same — Coneession.</p> <p>The court wisely allowed the confession to be proved; but in doing so it reopened the case of the prosecution, and let in the evidence as evidence in chief which the defendant had a right to rebut by proving that he had not made the confession.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 14, Criminal Law, § 1615.]</p> <p>(Syllabus by the Court.)</p>