State v. MorganState v. Morgan
Terry G. Morgan was charged by bill of information with the crime of armеd robbery in violation of
Bills of Exceptions Nos. 1, 2 and 3
The defendant contends that he has been denied his right to trial by an impartial jury guaranteed him by
“. . . The court, either on its own motion, or that of the state or a defendant,may order the attachment of an absent and unexcused petit jury venireman.” (Emphasis added).
The article is clearly discretionary. Official Revision Comment (c) states that the purpose of the article is to prevent unexcused absences to such an extent that the selection of tales jurors becomes necessary. Such was not the case here as only three veniremen were absent. The jurisprudence construing
Bills of Exceptions Nos. 4 and 7
The defendant alleges in these bills of exceptions that there was a break in the chain of evidence regarding some photographs because there was no testimony as to the dates of taking the photographs and developing them. It is the defendant‘s contention that the officer who took and developеd the photographs should have been required to testify as to the dates on which he did these things.
A review of the transcript attached to the bills shows this argument to be without merit. The photographer himself did not testify. However, the photographs were taken under the direct supervision of Officer Cochran, who testified that the pictures were taken at the scene of the alleged crime, and on the night that the crime allegedly occurred.
In State v. Browning, 290 So.2d 322 (La.1974), this court held that it is not necessary for the phоtographer who took
These bills are without merit.
Bill of Exceptions No. 5
Defendant moved for a mistrial during the State‘s case when, during a short recess, but in front of the jury, the prosecutor approached a police officer who was on the witness stand and discussed the case with him.
When the judge returned to the courtroom, the jury was removed and it was disclosed that the district attornеy had discussed with the witness the existence of fingerprints and tape on the gun involved in the crime.
The lawyers involved in cases have a right to discuss the case with witnesses. Thеre is no showing that the discussion was heard by the jury, nor was there any impropriety demonstrated in the discussion. The defendant was not entitled to a mistrial.
There is no merit to the bill.
Bill of Exceptions No. 6
This bill was reserved to the redirect examination of a State‘s witness; the defendant argues that the redirect went beyond the scope of the cross-examination by the defense.
“The redirect examination must be cоnfined to the subject matter of the cross examination and to the explanation of statements elicited on cross-examination; but the application of this rule is within the discretion of the trial judge, provided that the opportunity be not denied to recross on the new matter brought out on the redirect.”
The record dоes not support the defense contention that the redirect examination exceeded the scope of the cross-examination. At any rate, there is no showing that the trial judge abused his discretion in overruling the objection.
Bill of Exceptions on Motions to take Depositions
Defendant alleges that he was denied his right to confront witnesses against him in contravention оf his rights under the
In his per curiam to this bill, the trial judge characterized the defendant‘s motion to take depositions as a motion for pretrial discovery seeking the names of State witnesses. The trial judge states that the confrontation secured to defendant is confrontation at the trial itself, and not prior thereto. The judge also points out that the defendant‘s right to compulsory process was at no time violated as the
This bill is without merit.
Bill of Exceptions on Motion for a New Trial and Motion in Arrest of Judgment
The defendant attacks the constitutionality of the nine-three verdict provisions of Louisiana law, provided in
The motion for new trial also argued that the verdict was contrary to law and evidence in that the evidence adduced at the trial was not sufficient in law to support a verdict of guilty as charged. There is no merit to this contention. The police had a tip that this drug store would be robbed; there were police officers outside the store who watched the entire robbery and who arrested the defеndant and his partner immediately after they left the store with the stolen goods on their persons. Police and other eyewitnesses testified as to the occurrence and the identification of the defendant.
Bill of Exceptions on Motion to Set Aside the Petit Jury
The defendant alleges that he was denied his right to a fair and impartial jury because (1) women were excluded from the venires unless they specifically waived their exemption; (2) eighteen to twenty-one year olds were allegedly excluded from the venire; (3)
As to the exclusion of women, in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975), the United States Supreme Court held that the Louisiana procedure questioned by the defendant was unconstitutional. However, in Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975), the court held that Taylor was prospective only. This court applied the Daniel holding in State v. Rester, 309 So.2d 321 (La.1975).
Finally, this court has upheld the constitutionality of
The conviction and sentence are affirmed.