State v. Spencer
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans; Moise, J. 1. Evidence can not be heard which is offered for the purpose of contradicting the testimony which it is anticipated will be given by a witness who has not yet been sworn. 36 An. 83; 42 An. 186. 2. Where the witness whom it is sought to impeach has not testified, no foundation could be laid to justify such attempted contradiction and the evidence of the impeaching witnesses should be excluded. 2…
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APPEAL from the Criminal District Court for the Parish of Orleans; Moise, J. 1. Evidence can not be heard which is offered for the purpose of contradicting the testimony which it is anticipated will be given by a witness who has not yet been sworn. 36 An. 83; 42 An. 186. 2. Where the witness whom it is sought to impeach has not testified, no foundation could be laid to justify such attempted contradiction and the evidence of the impeaching witnesses should be excluded. 2 Tayl. Ev., p. 1235, Sec. 1445; Whart. Or. Ev., Sec. 488; 1 Greenl. Ev., Sec. 462; Best. Prin. Ev., 634, 635; Starkie Ev.,…
1Opinion of the Court
*6The opinion of the court was delivered by
Nicholls, C. J.
The defendant having been sentenced to suffer imprisonment at hard labor for five years under an information charging him with wilful and corrupt perjury committed by him when a witness on his own behalf, in a prosecution against him in the same section of the court, for having on the 18th of March, 1892, inflicted a wound less than mayhem upon one Cora Hall, has appealed.
The matters complained of are embodied in eight bills of exception, a motion for a new trial and a motion in arrest of judgment. The bills of exception numbered from…
2Cases cited3 opinions
- People v. KenyonMichigan Supreme Court · 1892
- State v. SteinSupreme Court of Minnesota · 1892
- Finney v. StateCourt of Appeals of Texas · 1890
3Cited by16 opinions
- United States v. GaudinSupreme Court of the United States · 1995
- People v. KobrinCalifornia Supreme Court · 1995
- People v. IannielloNew York Court of Appeals · 1975
- State v. SercovichSupreme Court of Louisiana · 1964
- State v. GriggsbySupreme Court of Louisiana · 1906
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