State v. Dodson
State v. Dodson
Opinion of the Court
Defendant was charged with murder, convicted of manslaughter, and appeals from a sentence condemning him to serve six years in the penitentiary.
No law requires the state to furnish defendant, in the indictment, in the information, or elsewhere, with the names of the witnesses for the state; and the objection that the names of the witnesses for the state on the back of the indictment had not been placed on the copy served on the defendant is frivolous. The indorsement of the names of the witnesses on the original indictment was not necessary, and they formed no part of that instrument. Marr’s Cr. Jur. p. 440; State v. Valere, 39 La. Ann. 1060, 3 South. 186; State v. Mason, 32 La. Ann. 1018.
We have held with reference to the indorsement of the character of the offense that it was for convenience only, and that it formed no part of the substance of the charge, and that the omission thereof, from a copy served on a defendant was immaterial. State v. Rohfrischt, 12 La. Ann. 382; State v. McGinnis, 12 La. Ann. 743; State v. Smith, 5 La. Ann. 340.
In the case of State v. Turner, 25 La. Ann. 573, we hold that the copy of the venire which contained the name of “Dauven,” instead of “Darven,” was only a slight error; and in the case of State v. Duperier, 115 La. 478, 39 South. 455, where the name of two
Defendant does not allege any wrong intent in writing the name of “Frant,” instead of “Grant” ; and he does not suggest that he has suffered injury or prejudice by the error. The ruling of the trial court will be affirmed. State v. Boyce, 39 La. Ann. 229, 1 South. 450.
Judgment affirmed.
Reference
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- STATE v. DODSON
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- Syllabus
- (Syllabus by the Court.) 1. Criminal Law The names of the witnesses for the state, which are indorsed on the indictment, form no part of the indictment, and it is not necessary that they should be written on the copy of the indictment served on the accused. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1399-1408, 1412, 1434; Dec. Dig. 2. Criminal Law The error of the typewritist in. writing “Frant” for the name of “Grant” on the copy of the venire served on the defendant is immaterial ; and it is not sufficient to delay the trial of the cause, particularly where it is shown that no injury has operated against the accused. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1379, 1437-1446; Dec. Dig. 3. Criminal Law The action of the trial judge in excusing jurors from service will not be reviewed, unless it is shown that the discretion vested in him over such matter has been abused. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1315, 1319, 3053-3057; Dec. Dig.