State v. Peterson
Supreme Court of Louisiana
APPEAL from tlie Thirteenth District Court, Parish of St. Landry. Lewis, J. 1. Indictment, charging accused with murder of one B. C. Miller, cannot be amended so as to read Harry R. Miller, without proof of identity of person. The amendment is one of substance. This case is assimilated to a case of rape, where it must be proved that one actually raped was one mentioned in indictment. Accused has the right to be informed of nature and cause of accusation.
Read the full summary
APPEAL from tlie Thirteenth District Court, Parish of St. Landry. Lewis, J. 1. Indictment, charging accused with murder of one B. C. Miller, cannot be amended so as to read Harry R. Miller, without proof of identity of person. The amendment is one of substance. This case is assimilated to a case of rape, where it must be proved that one actually raped was one mentioned in indictment. Accused has the right to be informed of nature and cause of accusation. Wharton on Homicide, par. 749; Wharton’s Crim. Evidence, 9th Ed., §94; Wharton Grim. Practice and Pleading, 8th Ed., §116; Yoorhies Crim.…
1Opinion of the Court
*86The opinion of the Court was delivered by
Watkins, J.
Prom an unqualified conviction of murder, the defendant appeals, and, for relief at our hands, lie relies upon an assignment of error, and two bills of exception.
J.
Pretermitting any expression of opinion with regard to the timeliness of the filing of the assignment of error, we think the point of objection urged is fairly met and answered by our ruling in State vs. May Ford, 38 Ann. 797, in which we said:
“ All of these proceedings were had upon one and the same day, and without any adjourment of the court. The prisoner was present in ojien…
2Cited by2 opinions
- State v. ThornhillSupreme Court of Louisiana · 1937
- State v. MatthewsSupreme Court of Louisiana · 1903