State v. de Rancé
Supreme Court of Louisiana
APPEAL from tlie Criminal District Court for tlie Parish of Orleans. Roman, J. 1. The action of the trial court in questions of continuance, when dependent upon matters of fact, cannot be revi-ed. 11 A. 81; lb. 422; lb. 479; 14 A. 40; lb. 42. 2. Nor where the refusal to grant a continuance is because due diligence has not been used to procure the witnesses. 4 A. 441, ‘505; 6 A. 311, 556, 593, 651; 7 A. 47, 122, 531; 8 A. 114; 10 A 501; 14 A. 79, 673, 785; 23 A. 539 ; 28 A.…
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APPEAL from tlie Criminal District Court for tlie Parish of Orleans. Roman, J. 1. The action of the trial court in questions of continuance, when dependent upon matters of fact, cannot be revi-ed. 11 A. 81; lb. 422; lb. 479; 14 A. 40; lb. 42. 2. Nor where the refusal to grant a continuance is because due diligence has not been used to procure the witnesses. 4 A. 441, ‘505; 6 A. 311, 556, 593, 651; 7 A. 47, 122, 531; 8 A. 114; 10 A 501; 14 A. 79, 673, 785; 23 A. 539 ; 28 A. 46; 31 A. 179. 3. The improper refusal to continue a trial will be cured by the witness appearing and testifying. 31…
1Opinion of the Court
The opinion of the Court was delivered by
Lew, J.
The defendants were indicted for the crime of murder, and found by a jury guilty of manslaughter, and by judgment of the-Criminal District Court for the Parish of Orleans, sentenced each to imprisonment at hard labor in the State Penitentiary, for the term of five years, from which sentence and judgment they have taken this appeal.
The principal complaints of the defense, and on which they mainly rely for a reversal of the judgment, are as follows :
1. Of error of the Judge a qtto in his charge to the jury, relating to the law of evidence, on the…
2Cases cited15 opinions
- People v. CoffmanCalifornia Supreme Court · 1864
- State v. HutingSupreme Court of Missouri · 1855
- State v. LawrenceSupreme Judicial Court of Maine · 1870
- State v. SmithSupreme Court of Missouri · 1873
- People v. M'DonellCalifornia Supreme Court · 1873
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