State v. Hudson
| Decision Date | 29 November 1926 |
| Docket Number | 28070 |
| Citation | 162 La. 543,110 So. 749 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. HUDSON |
Appeal from Eighth Judicial District Court, Parish of La Salle; F E. Jones, Judge.
Sam Hudson was convicted of keeping a banking game and a banking house at which money and the representative of money and articles of value were bet and hazarded, and he appeals.
Affirmed.
C. W Flowers, of Jena, for appellant.
Percy Saint, Atty. Gen., Percy T. Ogden, Asst. Atty. Gen., and Harry Fuller, Dist. Atty., of Winnfield (E. R. Schowalter, of New Orleans, of counsel), for the State.
The defendant was convicted of the crime of keeping a banking game and banking house at which money and the representative of money and articles of value were bet and hazarded. He was sentenced to pay a fine of $ 1,000 and, in default of payment, to serve 12 months in jail.
On appeal he complains of errors of the trial judge: (1) In not granting him a continuance; (2) in overruling a motion for a new trial; and (3) in failing to sustain a motion in arrest of judgment.
The basis for the application for a continuance was the absence of a witness named W. P. Jones, who it is alleged if present "would swear to facts material to your defendant's case."
It appears that the defendant was arraigned on April 9th, and the case was fixed for April 23d. A summons was issued for Jones on April 21st, and the deputy sheriff made two trips to Tullos, the place given as the residence of the witness, but was unable to find him or to obtain any information as to the whereabouts of the witness.
In addition to the visits and inquiry at Tullos, the deputy inquired of the defendant and his counsel, but they could give him no information as to the location of the witness. The witness had no known residence within the parish and, if he had ever been at Tullos, the site of the recent oil development, his stay was only temporary.
An accused party is not entitled as a matter of right to a continuance on account of the absence of a supposed material witness.
The matter of granting or denying a continuance rests largely in the sound discretion of the trial judge, and that discretion will not be interfered with on appeal unless the same is manifestly arbitrary and amounts to a denial of justice. State v. Doty, 158 La. 842, 104 So. 736; State v. Dwyer, 159 La. 399, 105 So. 410.
The judge has not abused that discretion in this case.
The motion for a new trial alleged that the state failed to prove that defendant operated or had any connection with a banking house or banking game of any kind, or that defendant was the owner of a banking game or place where such game was operated; that on the contrary the defendant established by competent evidence that he was not the owner or operator of any banking game.
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State v. Overstreet
...by the plea to undertake the task, and, moreover, the burden is not upon him to show that they are constitutional. See State v. Hudson, 162 La. 543, 110 So. 749 (1926). ...
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State v. Wright
...upon him to show that they are constitutional.' City of Shreveport v. Pedro, 170 La. 351, 127 So. 865 (1930). See also State v. Hudson, 162 La. 543, 110 So. 749 (1926). The quoted statement of law expresses the general rule that 'a litigant cannot raise the unconstitutionality of a statute ......
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Ricks v. Close
... ... 47 and 48 are held not ... violative of the Constitution, he attacks the resolution of ... the Board of Liquidation of the State Debt, adopted August ... 26, 1941, as being violative of the Constitution. In the ... further alternative, in event the acts and the ... [9 So.2d ... specifically wherein it is unconstitutional. City of ... Shreveport v. Pedro, 170 La. 351, 127 So. 865; State v ... Hudson, 162 La. 543, 110 So. 749; Ward v. Leche, 189 La. 113, ... 179 So. 52; Pugh et al. v. Police Jury of Livingston Parish, ... 196 La. 1025, 200 So ... ...
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Olivedell Planting Co. v. Town of Lake Providence
...Section of the Constitution that has been offended. Pugh v. Police Jury of Livingston Parish, 196 La. 1025, 200 So. 450, State v. Hudson, 162 La. 543, 110 So. 749, 750. These decisions rest in the fact that the constitutionality of a statute is presumed and the burden of proof is on the lit......