State v. Diskin
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Lwsenberg, J. 1. There is no law requiring the prosecution to conduct a case to suit the convenience of the defense. 2. A new trial will not he granted to enable a party to impeach a witness who testified on a former trial.
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APPEAL from the Criminal District Court for the Parish of Orleans. Lwsenberg, J. 1. There is no law requiring the prosecution to conduct a case to suit the convenience of the defense. 2. A new trial will not he granted to enable a party to impeach a witness who testified on a former trial. State vs. John Fahey, 35 An. 1; 5 Maas. 261; 7 Tex. 69; 2 Garter, 435 ; 14 Mo. 348; 8 Gratt. 637; Graham and Waterman on New Trials, vol. 1, p. 1074-1077. 3. The following is not an expression of opinion as to the guilt or innocence of the accused ; . and therefore the juror using it is not thereby…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendant was indicted for murder, convicted of manslaughter, and sentenced to imprisonment in the penitentiary for fifteen years, and has appealed.
He complains that there was error in overruling his motion for a new trial and motion in arrest of judgment.
I
The motion for a new trial contained the following grounds :
1. That upon the trial of this cause two witnesses were called hy the State, who testified, in substance, that the accused stated to them on the night the homicide was committed, that he would kill John Driscoll (the deceased) as…
2Cited by10 opinions
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- State v. BordelonSupreme Court of Louisiana · 1917
- State v. SavellSupreme Court of Louisiana · 1959
- State v. HillSupreme Court of Louisiana · 1914
- State v. YoungSupreme Court of Louisiana · 1901
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