State v. Thompson

Citations

• 116 La. 829
• 41 So. 107
• 1906 La. LEXIS 585

Syllabus

<p>1. Jury—Rejection oe Juror by Judge-Objection of Accused.</p> <p>The law gives to the accused the right to object to an obnoxious juror, but does nut give him the right of selection, hence, the rejection of a juror by the judge, even if erroneous, affords no legal ground of complaint, and' this rule is equally applicable where the judge has. refused to allow the juror whom he has excluded to be cross-examined on his voir dire. Act No. 135, p. 216, of 1898, § 1.</p> <p>[Ed. Note.—Eor cases in point, see vol. 31, Dent. Dig. Jury, § 598.]</p> <p>2. Same—Talesmen—Order to Stand Aside.</p> <p>It is within the discretion of the trial judge to order talesmen to be summoned “from any portion of the parish, remcCe from the scene of the crime, that he may designate”; and if the sheriff, in disregard of his instructions, returns talesmen from the neighborhood in which the crime was committed, the judge may order them to stand aside. Act No. 135, p. 222, of 1898, § 11.</p> <p>3. Criminal Law—Triaju-Service of List of Jurors on Accused.</p> <p>The accused on trial is not entitled to service of the list of talesmen summoned to complete the panel after the regular venire has been exhausted.</p> <p>[Ed. Note.—For cases in point, see vol. 14, ■Cent. Dig. Criminal Law, § 1443.]</p> <p>4. Witnesses—Cross-Examination.</p> <p>Where a state witness testifies that just before a homicide the person who was subsequently slain said to the accused, “You have several times tried to kill me, why don’t you do it now”? or words to that effect, such question does not open the door to the question on cross-examination, “Have you ever heard of a previous attempt by the accused on the life of the deceased?”</p> <p>5. Criminal Law—Appeal—Review—Harmless Error—Refreshing Memory.</p> <p>Where a witness for the state is allowed, for the purpose of refreshing his memory, over the objection of the defense, to read the transcribed testimony given by him on the preliminary examination, but it appears that