88 So. 696 | La. | 1921
Appellant was convicted of the crime of breaking and entering a dwelling house in the nighttime, with intent to steal, and was sentenced to imprisonment in the penitentiary for a term not less than' five nor more than six years.
The second bill of exception was reserved to the overruling of defendant's objection to the introduction in evidence of two documents purporting to show the registry and pedigree of two bloodhounds that figured in the prosecution. The bill contains a statement, aprproved by the judge, of all the evidence against defendant. Two bloodhounds were taken to the window through which the burglar had entered the house, not less than 14 hours before, and the hounds followed a trail that led to defendant’s home. His shoes fitted a footprint found on the trail. He admitted that, when he heard the hounds coming through his yard fence, and the crowd of men following them, he left his house from the opposite side. It appears that he went to a nearby store, and waited there until the officers sent for him. It is not contended that he attempted to escape or avoid arrest. The evidence on which defendant was convicted, therefore, was the testimony of the owner of the bloodhounds that they took up the trail at the window where the burglary had been committed, and followed it to defendant’s home. The question of reliability of the dogs, their reputation for trailing criminals, their acuteness of scent, and, in that connection, their breeding or pedigree, was an important question before the jury.
The documents are not sworn to or authenticated in any way. They would not be admissible in evidence, however, if they were authentic, because they do not purport to be certified copies of official records. They are only ex parte statements of supposed facts. There is no evidence as to who signed the initials “N. H. D.,” for A. P. Vredenburgh, secretary, nor evidence that Mr. Vredenburgh held the official position or title of secretary of the American Kennel Club, or was the responsible custodian of the club’s studbook.
The objection to the introduction of the documents in evidence was' that they were not certified copies of any public or official record, but purported to. be merely the ex parte and hearsay declarations of a person not. present for cross-examination, and not even under oath.
Article 9, in the Bill of Rights, of the Constitution of this state, guarantees that — • .
“In all criminal prosecutions * * * the accused in every instance shall have the right to be confronted with the witnesses against him.”
In State v. Helen Wilson, 141 La. 404, 75 South. 95, Ann. Cas. 1918D, 789, this court held that a statute which undertook to make an ex parte certificate of a fact shown by a public record — not a certified copy of the record, but a certificate by the officer of what his records showed — -prima facie evidence of guilt, in a criminal prosecution, was unconstitutional, being violative of article. 9 of the Constitution.
The verdict and sentence appealed from are annulled, and. it is ordered that this ease be remanded to the district court for a new trial.