State v. Venables
| Decision Date | 05 March 1888 |
| Docket Number | 10,102 |
| Citation | 3 So. 727,40 La.Ann. 215 |
| Court | Louisiana Supreme Court |
| Parties | THE STATE OF LOUISIANA v. ABE VENABLES |
APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Burgess, J.
M. J. Cunningham, Attorney General, and L. D. Beale, District Attorney, for the State, Appellee.
Buckner & Moore, for Defendant and Appellant.
The defendant was convicted "of shooting with intent to commit murder," and appeals from a sentence of two years' imprisonment at hard labor.
We find from the record that the witness was not subpoenaed until the cause was called for trial.
It is manifest that due diligence was not shown, and for this reason the trial judge very properly overruled the motion.
The ground of the motion was that of newly discovered evidence, supported alone by the affidavit of the accused. The overruling of the motion was not excepted to.
We find no reason to conclude that the discretion of the trial judge in refusing the motion was not wisely exercised.
Rulings on motions of this kind, which the law leaves so largely to the discretion of the judge, will not be disturbed unless it is made apparent by the record that this discretion was abused and there was an arbitrary use of judicial authority.
Judgment affirmed.
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... ... Motions for new trial rest within the exercise of the sound ... judicial discretion of the trial judge, and, except in clear ... cases of abuse of discretion or prejudicial error, appellate ... courts will not disturb the ruling. State v. Major, ... 38 La.Ann. 642; State v. Venables, 40 La.Ann. 215, 3 ... So. 727; State v. Beck, 41 La.Ann. 584, 6 So. 431; ... State v. Vallery, 47 La.Ann. 182, 16 So. 745, 49 Am ... St. Rep. 363; State v. Magee, 48 La.Ann. 901, 19 So ... 933; State v. Bailey, 50 La.Ann. 533, 23 So. 603; ... State v. Benjamin, 105 La. 501, 29 So. 969; ... ...
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... ... "Motions for new trial are conceded to rest within the ... exercise of the sound judicial discretion of trial judges; ... and same will not be disturbed by an appellate court except ... in clear cases of abuse." State v. Major, 38 ... La.Ann. 642; State v. Venables, 40 La.Ann. 215, 3 ... So. 727; State v. Beck, 41 La.Ann. 584, 6 So. 431; ... State v. Vallery, 47 La.Ann. 182, 16 So.745, 49 Am ... St. Rep. 363; State v. Magee, 48 La.Ann. 901, 19 So ... 933; State v. Bailey, 50 La.Ann. 533, 23 So. 603; ... State v. Benjamin, 105 La. 501, 29 So. 969; ... ...
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...45 La.Ann. 500, 12 So. 621; State v. Bailey, 50 La.Ann. 533, 23 So. 603; State v. Lejeune, 52 La.Ann. 465, 26 So. 992. In State v. Venables, 40 La.Ann. 215, 3 So. 727, it said: "Motions for new trial are left largely to the discretion of the trial judge, and, unless the record makes it appa......