State v. Gauthreaux
Supreme Court of Louisiana
A PPEAL from the Twenty-second District Court, Parish of Ascenf\ sion. Duffel, J. ON MOTION TO DISMISS. Appeals in criminal oases will be dismissed unless the record is filed in the Supreme Court within ten days from the granting of the order of appeal. A motion for a. new trial on tlie ground of newly discovered evidence must be refused when the affidavit of the accused shows that the evidence, so far from being newly discovered, was known to him all the while.
Read the full summary
A PPEAL from the Twenty-second District Court, Parish of Ascenf\ sion. Duffel, J. ON MOTION TO DISMISS. Appeals in criminal oases will be dismissed unless the record is filed in the Supreme Court within ten days from the granting of the order of appeal. A motion for a. new trial on tlie ground of newly discovered evidence must be refused when the affidavit of the accused shows that the evidence, so far from being newly discovered, was known to him all the while. Such motion must be supported by other testimony in addition to the affidavit of the accused. His alone will not suffice. State vs.…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Poché, J.
Westley Gautlireaux seeks relief from a sentence for murder without capital punishment, on the ground that lie was improperly denied a new trial.
He also complains of the judge’s refusal to fix a day for tlie hearing of liis motion for a new trial, which was predicated on alleged newly discovered evidence, and of his refusal to issue process intended to secure the attendance at that hearing of the witnesses whose evidence he claimed to have discovered since tlie trial.
The record shows that the verdict of tlie jury was rendered on May the 18th,…
2Cited by6 opinions
- State v. BordelonSupreme Court of Louisiana · 1917
- State v. CallianSupreme Court of Louisiana · 1903
- State v. VarnadoSupreme Court of Louisiana · 1923
- State v. YoungSupreme Court of Louisiana · 1901
- State v. HeintzSupreme Court of Louisiana · 1932
1 more not listed; retrieve them via the Exa API.