State v. Williams

Citations

• 111 La. 434
• 35 So. 629
• 1904 La. LEXIS 532

Syllabus

<p>CRIMINAL LAW—PLEA—QUASHING INDICTMENT —JUROR—EXCUSING—CONFESSION — CONTINUANCE-ACCOMPLICE EVIDENCE—NEW TRIAL —BILL OF EXCEPTIONS.</p> <p>1. In a criminal case lis pendens is not a plea.</p> <p>The court will, in its discretion, quash one of two similar indictments for the same crime.</p> <p>The crimes charged were not similar, and, in consequence, not the least ground for the motion to quash on the assumption of two indictments for the same crime.</p> <p>A juror drawn for the term, who has, in the opinion of the trial judge, a good excuse, may he excused from serving on the jury, without affording ground to set aside the verdict. It does not appear that defendants were thereby prejudiced in their defense.</p> <p>3. The one to whom the confession of accused was said to have been made was questioned sufficiently' to admit testimony to prove confessira.</p> <p>The defense could have pursued the inquiry further on cross-examination, had they chosen. There was testimony enough to admit the proof.</p> <p>4. Motion for a continuance was interposed before the case was opened for trial. The granting of such a motion is left largely to the discretion of the trial judge. It was not shown that any of the witnesses were absent, or that there was prejudicial error.</p> <p>5. It is fair to presume that the district judge was aware of the circumstances, and that he did not hastily and arbitrarily force the accused to trial.</p> <p>6. The testimony of an accomplice is admissible, and it is left to the jury to determine whether or not he is worthy of belief. Corroboration is desirable, but not always indispensable. Failure of the court to instruct the jury in this case does not, as a question, arise.</p> <p>7. Where the motion for a new trial presents mixed questions of law and fact, a bill of exceptions should be retained to the overruling of the motion, and the evidence offered on the trial of the motion should be embodied in or annexed to the bill of exceptions.</p> <p>8. The p