Legal Opinion

State v. Tessier

Supreme Court of Louisiana

Decided December 15, 1880No. 8084PublishedCited by 6 opinions

APPEAL from the Eleventh Judicial District Court, parish of Natchi-toches. Pierson, J. First — A new trial should not be granted on the ground of newly discovered evidence, when such evidence goes to the impeachment of a witness, and not to the merits of the case. 1 Archbold, 178. Second — The minutes in a criminal case may b'e amended and corrected, when done contradictorily with the accused. 81 A. 387.

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

The defendant, convicted of obtaining property under false pretenses, presents two errors for review on this appeal.

1st. The refusal of the judge a quo to grant a new trial upon an application properly made and predicated on newly discovered evidence. The false pretenses, charged in the indictment and sustained by the verdict, were that he induced the prosecuting witness to part with his property, being three hogs, upon the following representations, all untrue, viz: that his name was Smith; that he was a photographer and in business in the…

2Cases cited1 opinion

  1. Bradner v. RoffsellSupreme Court of New Jersey · 1894

3Cited by6 opinions

  1. Collins v. LoiselSupreme Court of the United States · 1922
  2. State v. EisenhardtSupreme Court of Louisiana · 1936
  3. State v. PerrySupreme Court of Louisiana · 1899
  4. State v. DaleoSupreme Court of Louisiana · 1934
  5. Hickman v. Enterprises Lumber Co.Supreme Court of Louisiana · 1925

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