Opinion

State v. Damico

  • 213 La. 765
  • 35 So. 2d 654
  • 1948 La. LEXIS 888
Court
Supreme Court of Louisiana
Filed
Apr 26, 1948
Status
Published
Author
Hamiter
On the bench
Echezabal, Hamiter, Hawthorne
Cited by
5 cases
Authority
More cited than 39.8%

Distinguished

  • Distinguished by State v. Baum, 230 La. 247 (1956)

    State v. Damico, 213 La. 765, 35 So.2d 654, relied on by appellants here is inapposite.
    Supreme Court of LouisianaMay 7, 1956Read it

The opinion

HAMITER, Justice

(dissenting).

The objections urged to the identifying of the gambling forms by Chief of Police Gray were important only with reference to the weight to be accorded his evidence; they were without effect as to the admissibility of it. That official was not expressing an opinion as an expert. He was giving testimony relating to actual facts, about which he apparently possessed knowledge gained by personal experience and observation, just as any witness is permitted to do without qualifying as an expert. The extent of his experience and observation, of course, is a matter to be inquired into on cross examination and to be considered in the weighing of the evidence. State v. Williams, 111 La. 205 , 35 So. 521 ; State v. Ryan, 122 La. 1095 , 48 So. 537 ; State v. Hollingsworth, 160 La. 26 , 106 So. 662 ; Marr’s Criminal Jurisprudence of Louisiana, Second Edition, Volume 2, Section 580.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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