Opinion

State v. Ferguson

  • 240 La. 593
  • 124 So. 2d 558
  • 1960 La. LEXIS 1059
Court
Supreme Court of Louisiana
Filed
Nov 7, 1960
Status
Published
Author
Viosca
On the bench
Viosca, Fournet, McCaleb, Hawthorne, Hamlin
Cited by
22 cases
Authority
More cited than 8.4%

a case factually similar to this case

How later courts described this case

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Written by the judges who cited it.

The opinion

VIOSCA, Justice

(concurring).

In providing that “the judge may, at any stage of the trial, order the sequestration of the witnesses” and that “the judge may in all cases, in his discretion, permit any witness to testify” LSA-R.S. 15:371 vests exclusively in the trial judge full discretion in connection with the sequestration of witnesses. I do not believe that the judge abuses that discretion when he permits the chief investigating officer to remain in the courtroom to assist the District Attorney in the presentation of his case. However, I agree with the majority opinion that under our decision in State v. Carter, 206 La. 181 , 19 So.2d 41 , the conviction and sentence in this case must be set aside. I believe the Carter case was incorrectly decided and should be overruled, but since the majority of the Court has not seen .fit to overrule that decision, I concur in the decree.

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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