Legal Opinion

State v. Rose

Supreme Court of Louisiana

Decided May 15, 1881No. 8310PublishedCited by 9 opinions

APPEAL from the Twentieth Judicial District Court, parish of Lafourche. Knoblock, J. This case was submitted in New Orleans, and by consent of parties was decided at Monroe. Eirst — There can be no rebuttal where there has been no evidence for the accused. Second — "When the State closes its case and the accused offers no evidence the Slate cannot call any other witness.

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APPEAL from the Twentieth Judicial District Court, parish of Lafourche. Knoblock, J. This case was submitted in New Orleans, and by consent of parties was decided at Monroe. Eirst — There can be no rebuttal where there has been no evidence for the accused. Second — "When the State closes its case and the accused offers no evidence the Slate cannot call any other witness. It is in tlie discretion of the judge to allow the State, having closed, to offer another witness. 27 An. 694; 29 An. 716.

1Opinion of the Court

The opinion of the Court was delivered by

Levy, J.

On an information for " shooting at with intent to commit murder,” Walter Rose was tried, convicted and sentenced to imprisonment at hard labor in the State Penitentiary for the term of eighteen months, and he has taken this appeal.

On the trial of the case the District Attorney, for the prosecution, having examined several witnesses, stated to the court that he rested his case, whereupon the defendant declined to introduce any witnesses, and then the District Attorney caused other witnesses to be called and *933sworn, on behalf of the State,…

2Cited by9 opinions

  1. State v. McLeanSupreme Court of Louisiana · 1947
  2. State v. IseringhausenSupreme Court of Louisiana · 1943
  3. State v. LebleuSupreme Court of Louisiana · 1915
  4. Commonwealth v. GormleySuperior Court of Pennsylvania · 1922
  5. State v. JohnsonSupreme Court of Louisiana · 1917

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