State v. Stuart
Supreme Court of Louisiana
^ PPEAL from the First District Court, Parish of Caddo. Taylor ', 1. A confession will not be excluded where there is amere adjuration to tell the truth, unaccompanied with a threat. 2 Buss. 286 ; 34 An. 18. 2. Though confessions ate unduly obtained, subsequent confessions as to the same fact, if the court believe, from the circumstances, that the influences have been roraoved, etc. State vo.
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^ PPEAL from the First District Court, Parish of Caddo. Taylor ', 1. A confession will not be excluded where there is amere adjuration to tell the truth, unaccompanied with a threat. 2 Buss. 286 ; 34 An. 18. 2. Though confessions ate unduly obtained, subsequent confessions as to the same fact, if the court believe, from the circumstances, that the influences have been roraoved, etc. State vo. Hosh, 12 An. 895. 3. In criminal matters the competency of a witness depends upon his intelligence, reason, judgment, capacity, and understanding, which are all matters left to the discretion of the…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
Appealing from a conviction of murder and a sentence of death, the defendant relies on alleged irregularities, which he presents in an assignment of errors and two bills of exception.
1. In his assignment of errors, he charges that the record fails to show that the grand jury, which presented the indictment against him, had been duly empannelled and sworn as the law directs-.
The minutes of the court show that the grand jury was empanelled and charged, but are silent on the question of the oath prescribed by law. The minutes contain the names of…
2Cited by7 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- State v. DreherSupreme Court of Louisiana · 1928
- State v. FeazellSupreme Court of Louisiana · 1906
- Hintz v. StateWisconsin Supreme Court · 1905
- State v. McKowenSupreme Court of Louisiana · 1910
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