Legal Opinion

State v. Horton

Supreme Court of Louisiana

Decided March 15, 1881No. 8128PublishedCited by 3 opinions

APPEAL from the Twelfth Judicial District Court, parish of Avoyelles. JBarbin, J. First — The court will not grant a motion for a delay of the trial oí the ease because of the ahsonce of a State witness when the defendant has not summoned said witness, nor makes an affidavit that said witness is necessary to his defense, and what he expects to prove by the witness.

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APPEAL from the Twelfth Judicial District Court, parish of Avoyelles. JBarbin, J. First — The court will not grant a motion for a delay of the trial oí the ease because of the ahsonce of a State witness when the defendant has not summoned said witness, nor makes an affidavit that said witness is necessary to his defense, and what he expects to prove by the witness. Second — That all which is said at the time of the commission of the crime is a part of the res jestae, and is good evidenoe.

1Opinion of the Court

The opinion of the Court was delivered by

Levy, J.

The defendant was indicted on the charge of burglarious breaking and entering, in the night time, a dwelling house, lawfully occupied, he being armed with a dangerous weapon, with intent to kill and murder.

He was found guilty by a jury and sentenced to hard labor in the State Penitentiary for the term of his natural life, and from the verdict and judgment thereon has appealed.

■ We find in the transcript two bills of exception, taken by the defendant to the rulings of the court a qua.

The first bill is directed to the ruling whereby the objection…

2Cited by3 opinions

  1. People v. ReifenstuhlCalifornia Court of Appeal · 1940
  2. State v. JenkinsSupreme Court of Louisiana · 1958
  3. State v. TerrySupreme Court of Louisiana · 1911

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