State v. Callahan
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn.
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APPEAL from the Criminal District Court for the Parish of Orleans. Moise, J. The jury in all criminal cases shall be judges of the law and of the facts on the question of the guilt or innocence, having been charged as to the law applicable to the case by the presiding judge. Const., Art. 168; State vs. Spencer, 45 An. 1. To prohibit counsel arguing the law to the jury is a denial of these rights. Cooley Const. Lim.,Ed. 1868, p. 3p6; Hannah vs. State, Tenn. R., Yol. 11, p. 201; Lynch vs. State, 9 Ind. 541; Stout vs. State, 96 Ind. 411; Com. vs. Porter, 10 Metcalf, 263; State vs. Henry Cason,…
1Concurrence
*491Concurring Opinion.
Miller, J.
One proposition presented by this appeal impressed one at the time of the oral argument as of importance greater than ■that of any other question discussed. The conviction was on testimony in part derived from book entries, admissible, it was claimed, to confirm a witness who had testified to the guilt of the accused. The offence, according to the testimony, had been committed on the '7th, and the entries, directed by the witness, made on the 15th No-wember. The entries carried no significance whatever touching the accused. They were debits in the books of money…
2Cases cited2 opinions
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
- State v. McCoyLouisiana Court of Errors and Appeals · 1844