41660 Precedential Processed

State v. Johnson

Louisiana Supreme Court · Filed April 26, 1954 · 74 So. 2d 402

Cited by

State v. Freeman 539 So. 2d 739 La. Ct. App. 3d Cir. 1989
State v. McCauley 272 So. 2d 335 La. 1973
State v. Johnson 192 So. 2d 135 La. 1966
State v. Graves 174 So. 2d 118 La. 1965
State v. Graves 174 So. 2d 118 La. 1965
State v. Rideau 137 So. 2d 283 La. 1962
State v. Rogers 132 So. 2d 819 La. 1961
State v. Augustine 131 So. 2d 56 La. 1961
State v. Newton 128 So. 2d 651 La. 1961
State v. Wilson 127 So. 2d 158 La. 1961
State v. Scott 110 So. 2d 530 La. 1959
State v. Faciane 99 So. 2d 333 La. 1957

Opinion text

On Application for Rehearing PER CURIAM. In an application for a rehearing appellant claims, among other things, that we erroneously stated in our opinion that not one of his witnesses, testifying at the hearing on the motion for a lunacy commission, “avouched that he was incapable of distinguishing between right and wrong” when, in truth and in fact, not less than three of his witnesses so testified. The complaint is well taken as the record reflects that appellant’s witnesses, John Blanton, Lizzie Mae Merritt and C. E. Guice, expressed doubt that he knew right from wrong. However, the incorrectness of the statement in the original opinion does not warrant the granting of ■» rehearing as we have again «reviewed all of the evidence taken at the hearing and remain unconvinced that the trial judge manifestly abused his discretion in refusing to appoint a lunacy commission. We have also examined the other complaints of appellant and are of the opinion that they are not well founded. Therefore, the application for a rehearing is denied.