63 So. 902 | La. | 1913
The accused was convicted of incest, and sentenced.to 18 years-in the penitentiary, and has appealed.
On cross-examination he was asked whether he had not tried to persuade his sister, with whom the incest was charged to have been committed, “to place the blame on some one else.” To that question his counsel objected on the following grounds:
“First, that the state had failed to lay the-proper foundation to contradict the accused, viz., by not placing him on his guard or calling his attention to the time, place, and circumstances or by whom he would be contradicted; second, that the state cannot cross-examine the witness upon any matter not brought out in his examination in chief, and that this particular-matter was not touched upon in chief, nor was it touched upon in the state’s case in chief; third, that the state, under the law as it now exists must offer all of its material evidence in chief and cannot save the same for rebuttal if that be the intention.”
The state was not bound to cumulate evidence unnecessarily. After it had established by the testimony of the sister that the crime had been committed, it had a perfect right to assume that the accused would not perjure himself by denying what was true, and therefore had a perfect right to rest, and reserve for rebuttal any evidence it had for contradicting accused in case he made such denial.
Judgment affirmed.