State v. Estoup
Supreme Court of Louisiana
APPEAL from the Criminal District Court, Parish of Orleans. Roman, J. The prisoner was on a railroad train, under arrest, hcmdeuffed and shackled, at a time when a conversation between two other men occurred in his x>resence; he remained silent. Bill of exceptions, II. pp. 24 to 27. Mere silence, while a party is wider aA'rest and in irons, affords no inference whatever of acquiescence in the statements of others made in his presence.
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APPEAL from the Criminal District Court, Parish of Orleans. Roman, J. The prisoner was on a railroad train, under arrest, hcmdeuffed and shackled, at a time when a conversation between two other men occurred in his x>resence; he remained silent. Bill of exceptions, II. pp. 24 to 27. Mere silence, while a party is wider aA'rest and in irons, affords no inference whatever of acquiescence in the statements of others made in his presence. Under such circumstances he is not called upon to contradict such statements. Such statements should not have gone to the jury over the timely objections of the…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermudez, C. J.
The Attorney General contends that this court cannot consider the merits of this ease for the double reason, that the motion of appeal was offered and allowed and the transcript filed too late.
The defendant was sentenced on May 31, 1887. The court then adjourned, and reopened only on September 1, following. On that day, the accused, through counsel, moved for an appeal, which was granted, returnable to this court at this place (Shreveport) within ten days, and the transcript of appeal was filed here on October 1. The…
2Cited by4 opinions
- State v. VicknairSupreme Court of Louisiana · 1906
- State v. HaydenSupreme Court of Louisiana · 1962
- State v. GoseySupreme Court of Louisiana · 1904
- State v. VicknairSupreme Court of Louisiana · 1906