State v. Southern
| Decision Date | 23 March 1896 |
| Docket Number | 12,074 |
| Citation | 19 So. 668,48 La.Ann. 628 |
| Court | Louisiana Supreme Court |
| Parties | THE STATE OF LOUISIANA v. S. L. SOUTHERN ET ALS |
Submitted February 29, 1896
APPEAL from the Fourth Judicial District Court for the Parish of Winn. Wear, J.
M. J Cunningham, Attorney General, R. E. Milling, District Attorney (and Henry Bernstein, of Counsel), for Plaintiff Appellee.
S. A Crawford, J. A. Wallace and Ben. P. Edwards, for Defendants Appellants.
The defendants were convicted of larceny, sentenced to hard labor, and have appealed.
They rely upon five bills of exception.
The first bill recites: "That the State, after having had witness J. R. Chapman state the appearance of the place where the hogs were killed, and the appearance of the meat, ears and blood signs, and other appearances, asked the witness how long the hogs had been killed." The objection to the question was that it solicited the opinion of the witness. It was overruled.
The ruling was correct.
The witness was asked to state a fact, a conclusion from other facts, which had come under his observation and were within his knowledge.
The second bill states that a witness had been re-examined by the State, and a new point raised, and the defence was confined on cross-examination to this new point, and was not permitted to examine the witness on other parts of his testimony previously given.
In the statement appended to the bill the trial judge says there was no new matter drawn out in the re-examination of a witness.
The defence proposed to examine the witness on matters upon which they have been previously examined. The State objected and the objection was sustained. The defence was confined in the cross-examination to the matters inquired of on the re-examination. In thus restricting the cross-examination we do not think the trial judge erred. In the discipline of his court he must be vested with the discretion to put an end to the unnecessary and prolonged examination of a witness, and where there has been no injustice done to the defendant we will not interfere with his ruling in such case. If thus it appears that the examination of the witness was in the way of explaining his testimony. On this matter the defence was not denied the right of cross-examination, but was not permitted to go over the entire testimony on which counsel had cross-examined the witness.
The defendants were indicted for stealing hogs from unknown owners. The third bill recites that pieces of hogs' ears having the appearance of having been marked in a certain mark were presented to the witnesses for the prosecution and they were asked to describe the marks. The objection to the question was that it...
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... ... and cases cited; Abbott's Criminal Trial Brief, page 319, ... and cases cited; Plew v. State, 35 S.W. 366; ... Buck v. Maddock, 167 Ill. 219; Pigg v ... State, 145 Ind. 560; State v. Brown, 100 Iowa ... 50; People v. Harrison, 93 Mich. 594; State v ... Miller, 93 Mo. 263; State v. Southern, 19 So. 668 ... Restriction ... or enlargement of the scope of cross-examination as to ... credibility will not be reviewed except for abuse ... Birmingham Fire Ins. Co. v. Pulver, 18 N.E. 804; ... People v. Kindra, 60 N.W. 458; State v ... Ward, 73 Iowa 534, 35 N.W. 617; ... ...
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