State v. Pool, 12,768

CourtSupreme Court of Louisiana
Writing for the CourtWATKINS, J.
Citation23 So. 503,50 La.Ann. 449
PartiesSTATE OF LOUISIANA v. JIM POOL
Decision Date18 April 1898
Docket Number12,768

23 So. 503

50 La.Ann. 449

STATE OF LOUISIANA
v.

JIM POOL

No. 12,768

Supreme Court of Louisiana

April 18, 1898


Argued April 9, 1898.

APPEAL from the Sixteenth Judicial District Court for the Parish of St. Helena. Reid, J.

M. J. Cunningham, Attorney General, and Duncan S. Kemp, District Attorney (P. A. Simmons, Jr., of Counsel), for Plaintiff, Appellee.

W. C. Pipkin and W. T. Holland, for Defendant, Appellant.

OPINION

[50 La.Ann. 450] WATKINS, J.

The defendant was indicted for the murder of a colored girl under fourteen years of age, and appeals from a verdict of guilty and sentence of death, relying upon three bills of exceptions which were reserved to the ruling of the court during the progress of the trial.

The first bill relates to the declination of the trial judge to grant a continuance of the case based upon two grounds: (1) The impossibility of procuring the attendance of an important witness who was absent; and (2) that sufficient time had not been allowed counsel for the examination of the case and the preparation of the defence of the accused -- the homicide having been committed only a few days prior to the finding of the indictment on the 25th of February, 1898, and the cause having been assigned for trial on the 1st of March following.

The defence was that the homicide was accidental. The substance of the defendant's motion is that his witness, Louis Brown, was temporarily absent from the parish, and for that reason he could not have been summoned and was not summoned by the sheriff, after seasonable and proper effort had been made, as is evidenced by his return upon the summons which had been issued for him.

That he could have testified, had he been present, to his declarations, appearance and demeanor after the homicide, as well as to the other facts and circumstances of the case, confirmatory and corroborative of the testimony in the case in his favor.

[50 La.Ann. 451] And it is further to the effect that he was incarcerated in jail without the benefit of bail, as soon as he surrendered himself to the sheriff; and being unable to employ counsel the court assigned counsel to represent him. But that counsel assigned to him were at the time engaged in the trial of other important cases in that court -- the District Court being at the time in session -- and could not then give immediate attention to the case; so that when the case was called for trial, three days later, on the day fixed for trial,...

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17 practice notes
  • State ex rel. Stewart v. Blair and Smith, No. 40316.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...v. Ferress, 16 La. Ann. 424; People v. Shiffman, 350 Ill. 243, 182 N.E. 760; North v. People, 139 Ill. 81, 28 N.E. 966; State v. Pool, 50 La. Ann. 449, 23 So. 503; State v. Collins, 104 La. 629, 29 So. 180; People v. Kurant, 331 Ill. 470, 163 N.E. 411; State v. Simpson, 38 La. Ann. 23; McAr......
  • Powell v. State of Alabama Patterson v. Same Weems v. Same 8212 100, Nos. 98
    • United States
    • United States Supreme Court
    • November 7, 1932
    ...823; Jackson v. Commonwealth, 215 Ky. 800, 287 S.W. 17; State v. Collins, 104 La. 629, 29 So. 180, 81 Am.St.Rep. 150; State v. Pool, 50 La.Ann. 449, 23 So. 503; People ex rel. Burgess v. Risley, 66 How.Pr.(N.Y.) 67; State ex rel. Tucker v. Davis, 9 Okl.Cr. 94, 130 P. 962, 44 L.R.A.(N.S.) 10......
  • Robinson v. State, 609
    • United States
    • United States State Supreme Court of Wyoming
    • January 10, 1910
    ...deprived of counsel. (Dunn v. People, 109 Ill. 635; Kennedy v. State, 81 Ind. 379; Lindville v. State, 3 Ind. 580; State v. Poole, 50 La. Ann. 449; State v. Boyd, 37 La. Ann. 781; State v. Wilson, 33 La. Ann. 261; State v. Baptiste, 26 La. Ann. 134; Comm. v. Winnemore, (Penn.) 2 Brewst. 378......
  • Hollywood v. State, 654
    • United States
    • United States State Supreme Court of Wyoming
    • January 12, 1912
    ...to prepare for his trial, and he was therefore practically denied his constitutional right to the assistance of counsel. (State v. Pool, 23 So. 503; Dunn v. People, 109 Ill. 635; Wray v. People, 78 Ill. 212; Conley v. People, 80 Ill. 236; State v. Simpson, 38 La. Ann. 24; State v. Ferris, 1......
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17 cases
  • State ex rel. Stewart v. Blair and Smith, No. 40316.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...v. Ferress, 16 La. Ann. 424; People v. Shiffman, 350 Ill. 243, 182 N.E. 760; North v. People, 139 Ill. 81, 28 N.E. 966; State v. Pool, 50 La. Ann. 449, 23 So. 503; State v. Collins, 104 La. 629, 29 So. 180; People v. Kurant, 331 Ill. 470, 163 N.E. 411; State v. Simpson, 38 La. Ann. 23; McAr......
  • Powell v. State of Alabama Patterson v. Same Weems v. Same 8212 100, Nos. 98
    • United States
    • United States Supreme Court
    • November 7, 1932
    ...823; Jackson v. Commonwealth, 215 Ky. 800, 287 S.W. 17; State v. Collins, 104 La. 629, 29 So. 180, 81 Am.St.Rep. 150; State v. Pool, 50 La.Ann. 449, 23 So. 503; People ex rel. Burgess v. Risley, 66 How.Pr.(N.Y.) 67; State ex rel. Tucker v. Davis, 9 Okl.Cr. 94, 130 P. 962, 44 L.R.A.(N.S.) 10......
  • Robinson v. State, 609
    • United States
    • United States State Supreme Court of Wyoming
    • January 10, 1910
    ...deprived of counsel. (Dunn v. People, 109 Ill. 635; Kennedy v. State, 81 Ind. 379; Lindville v. State, 3 Ind. 580; State v. Poole, 50 La. Ann. 449; State v. Boyd, 37 La. Ann. 781; State v. Wilson, 33 La. Ann. 261; State v. Baptiste, 26 La. Ann. 134; Comm. v. Winnemore, (Penn.) 2 Brewst. 378......
  • Hollywood v. State, 654
    • United States
    • United States State Supreme Court of Wyoming
    • January 12, 1912
    ...to prepare for his trial, and he was therefore practically denied his constitutional right to the assistance of counsel. (State v. Pool, 23 So. 503; Dunn v. People, 109 Ill. 635; Wray v. People, 78 Ill. 212; Conley v. People, 80 Ill. 236; State v. Simpson, 38 La. Ann. 24; State v. Ferris, 1......
  • Request a trial to view additional results

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