State v. Scott
Supreme Court of Louisiana
PPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Burgess, J. The granting of a new trial, where the sole ground of the motion is that the verdict is contrary to the law and the evidence, is within the discretion of the lower court; and its action is not subject to review by this Court.
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PPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Burgess, J. The granting of a new trial, where the sole ground of the motion is that the verdict is contrary to the law and the evidence, is within the discretion of the lower court; and its action is not subject to review by this Court. Testimony that a prosecuting witness had told a different story out of court, from that sworn to hy him on trial, could legally he offered for no other purpose except to impeach said witness, and in order to give such testimony to the jury, the legal foundation must he laid to impeach. OhT…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The defendant was indicted for shooting with in-' tent to commit murder, found guilty and sentenced to two years at hard labor. He appeals.
The record contains a bill of .exception to the refusal of the judge to grant a new trial and a motion in arrest of judgment.
In the motion for a new trial complaint is made that important testimony was not given to the jury by reason of an error of the attorney for the defense, who had misunderstood the ruling of the judge touching its admission.
We deem it unnecessary to pass upon this ground of…
2Cited by3 opinions
- State v. FletcherSupreme Court of Louisiana · 1910
- State v. HighSupreme Court of Louisiana · 1906
- State v. MenardSupreme Court of Louisiana · 1922