# State v. Ferguson

> Supreme Court of Louisiana · November 7, 1960 · 240 La. 593

URL: https://www.frixlaw.com/law-library/cases/9688898

## Case

- **Full name:** STATE of Louisiana v. Jessie FERGUSON
- **Court:** Supreme Court of Louisiana
- **Decided:** November 7, 1960
- **Citations:** 240 La. 593; 124 So. 2d 558; 1960 La. LEXIS 1059
- **Precedential status:** Published
- **Opinion:** Concurrence by Viosca
- **Judges:** Viosca, Fournet, McCaleb, Hawthorne, Hamlin
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9688898

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688898. Public record. Not legal advice.