State v. Buchanan
Supreme Court of Louisiana
APPEAL from the Twenty-fifth District Court, Parish of Lafayette. J. 1. Indictments may be amended so as to make the name of accused mentioned in the indictment correspond with the proof adduced on the trial. R. S. Soc. 1047 ¡ 23 An. 604 j 30 An. 367; 31 An. 40S. 2. The declarations of an accomplice made in the presence of tlio co-defondant are admissible in evidence on the trial. Wharton, p. 189 ; Waterman’s TJ.
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APPEAL from the Twenty-fifth District Court, Parish of Lafayette. J. 1. Indictments may be amended so as to make the name of accused mentioned in the indictment correspond with the proof adduced on the trial. R. S. Soc. 1047 ¡ 23 An. 604 j 30 An. 367; 31 An. 40S. 2. The declarations of an accomplice made in the presence of tlio co-defondant are admissible in evidence on the trial. Wharton, p. 189 ; Waterman’s TJ. S. Digest, p. 13S, 27os. 123,124, 125 and 126. 3. Uowly discovered evidence to be tlio basis of a new trial must be material, and not only cumulative, corroborative or collateral. 4.…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The defendant appeals from an eighteen months’ sentence of imprisonment in the penitentiary on an information for larceny.
The.grounds of the appeal are
J. That the information charged that the larceny was committed by one E. Buchanan, and the Court during the progress of the trial, on motion of the District Attorney, permitted the information to be amended by setting out the name of the defendant as “Amos Buchanan.”
It appeared that the accused was known and called in all the proceedings, Amos Buchanan, was thus arraigned and pleaded, and the…
2Cases cited1 opinion
- Commonwealth v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1819
3Cited by6 opinions
- Toncray v. BudgeIdaho Supreme Court · 1908
- State v. RobichauxSupreme Court of Louisiana · 1928
- State v. MichelliSupreme Court of Louisiana · 1974
- State v. BoldenSupreme Court of Louisiana · 1903
- In re DoolittleU.S. Circuit Court for the District of Eastern Missouri · 1885
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