State v. Williams

Citations

• 124 La. 779
• 50 So. 711
• 1909 La. LEXIS 544

Syllabus

<p>1. Criminal Law (§ 706*) — New Trial — Threat of Perjury Prosecution.</p> <p>Although one or more witnesses were told that the district attorney had said that he would prosecute witnesses in the case for perjury if they perjured themselves, it will not be considered as a threat, affording ground to set aside a verdict.</p> <p>2. Criminal Law (§ 658*) — New Trial — Arrest of Witness for Perjury.</p> <p>The witness arrested on the trial for perjury, after he had testified, was not arrested in presence of the jury; nor was it proven that the witnesses were aware of his arrest before they testified.</p> <p>3. Criminal Law (§ 957*) — Verdict — Impeachment by Jurors.</p> <p>Jurors cannot be heard to impeach their own verdict, particularly when it is a fair inference that the evidence of other witnesses might have been offered.</p> <p>4. Criminal Law (§§ 1037, 1154*) — Remarks of District Attorney — Time for Objection — Prejudicial Effect.</p> <p>It is not evident that the remarks of the district attorney in argument before the jury, to which objection was urged only on the motion for a new trial, were prejudicial. If they were, the objection was not timely urged.</p> <p>The court restrains counsel when their remarks are intemperate and go beyond the bounds of propriety. It is a matter largely of discipline, generally affording no grounds of complaint on appeal.</p> <p>(Syllabus by the Court.)</p>