State v. McCarthy

The opinion of the court was delivered by

Breaux, J.

The defendant was indicted for murder; he was tried ' and convicted without capital punishment.

From a judgment sentencing him to hard labor for life, he prosecutes this appeal.

1. When the case was called for trial two of defendant’s witnesses were absent.

The sheriff’s return shows that one of these witnesses was sick in bed; the other in an advanced state of pregnancy.

The court refused to issue writs of attachment to compel them to be present.

In ruling, the trial judge states that the first mentioned witness was in a dying condition, a fact…