76 So. 243 | La. | 1917
The defendant was convicted of retailing intoxicating liquor without a license, was sentenced to pay a fine and be imprisoned, and has appealed.
On arraignment, he pleaded not guilty, and the case was then assigned for trial four days later. On the next day after arraignment he employed an attorney to defend him; and when the case was called for trial the attorney filed a motion or petition to be allowed to withdraw the plea of not guilty, in order to file a motion for a bill of particulars, a motion to quash the bill of information, and a prayer for trial by jury. He alleged as a reason why he should be permitted to withdraw the plea of not guilty that he was a foreigner, ignorant of judicial proceedings, and had not the advice of counsel when he was arraigned and pleaded to the bill of information. The judge refused to allow the plea of not guilty to be withdrawn; and, under the law, the defendant was not permitted to file a demurrer or motion for a bill of particulars after having pleaded to the bill of information. A bill of exceptions was reserved to the judge’s refusal to permit the withdrawal of the plea of not guilty.
When the case was called for trial, the defendant’s counsel moved for a continuance on the allegation that he had not had sufficient time to compel the attendance of certain witnesses named in his motion. The judge refused to grant the continuance because the defendant had not exercised due diligence to procure the attendance of the witnesses; and, on that ground, we hold that the ruling was correct.
In another bill of exceptions it is recited that during the progress of the trial the district attorney called, as a witness for the state, a negro “spotter,” who had come from the state of Mississippi; and that, before the witness testified, the defendant’s attorney pleaded surprise and asked for a continuance to allow him time to secure evidence to prove the reputation of the witness and thereby impeach his testimony. The bill of exceptions was reserved to the judge’s refusal to grant the continuance. The negro “spotter” referred to is the same witness who testified in the case of State v. Mike John, No. 22585, 76 South. 241,
The judgment appealed from is affirmed.
Ante, p. 65.