State v. Louvier
State v. Louvier
Opinion of the Court
Defendants prosecute this appeal from a conviction and sentence for stealing a calf. The only bill of exception that we find in the record was taken to the overruling of a motion for new trial. It is therein alleged:
(1) That defendants were convicted on circumstantial and hearsay evidence; and (2) that they had discovered new and material evidence after the trial.
The trial judge, in signing the bill, gives the following reasons for overruling the motion, to wit;
“The evidence in said case was conclusive as to the guilt of said defendants, and was positive, although some hearsay evidence went to the jury, without any objection on the part of the attorney of said defendants; but the evidence was ample for conviction, and which was positive and direct evidence. As to the question of newly discovered evidence, to prove that the said calf was seen after said parties were charged with the stealing, that point was brought out before the jury, and evidence of' one of the witnesses named in the motion was admitted by the district attorney, on a motion for continuance, said witness being one Lejeune, the same person, and was also proven by another witness at said trial.”
Judgment affirmed.
Reference
- Full Case Name
- STATE v. LOUVIER
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (Syllabus by the Court.) 1. Criminal Law (§ 1036*) — Appeal—Presentation of Question in Lower Court-Evidence. It is no ground for the reversal of a conviction that defendant allowed hearsay evidence to go to the jury without objection. [Ed. Note. — For other eases, see Criminal Law, Cent. Dig. §§ 2639-2641; Dec. Dig. § 1036.*] 2. Criminal Law (§ 958*) — New Triaj>Proceedings to Procure — Sufficiency of Affidavits. The rule is well settled that the unsupported affidavit of the accused to a motion for a new trial, on the ground of newly discovered evidence, is insufficient; that it must be corroborated by that of the newly discovered witness, if possible; that the failure to furnish such corroborative affidavit must be explained or accounted for; and that the refusal of a new trial will not be disturbed, when neither the witness nor his affidavit is produced on the hearing of the motion. [Ed. Note. — Eor other eases, see Criminal Law, Cent. Dig. §§ 2398-2403; Dee. Dig. § 958.*]