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23 La. Ann. 16

State v. Lemodelio

Supreme Court of Louisiana

Decided January 15, 1871

Supreme Court of Louisiana · decided 1871-01-15

<p>Evidence to show that a translator, selected to interpret the testimony of witnesses wno testify in a language not understood hy tho counsel, tho court or the jury, is incompetent, can not he admitted after verdict, on a motion for a new trial. The objection is too late, if not made during the trial.</p>

Cited by 1 later decisions — most recently March 1959

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Taliaferro, J.

¶1The defendant was convicted of the crime of manslaughter, and sentenced to imprisonment at hard labor in the penitentiary for the term of five years. He has appealed. After the verdict of the jury was rendered, the defendant moved for a new trial on various grounds, the chief of which is the rofusal of the Judge on the trial of the motion to receive evidence alleged by defendant to have been discovered after tlie trial bad taken place, and which was offered to show the incompetency of the translator employed by the court to translate correctly tho evidence of three witnesses, who testified on the trial of the case in a language not understood by the court, the counsel or the jury.

¶2The case comes before us on a hill of exceptions to the ruling of the court rejecting the evidence offered to show this alleged incompetency of the translator. Embodied in tlie bill of exceptions are tlie reasons assigned by tbe judge for excluding the testimony. These are, “that the translator was called in this case at the instance of the defendant’s counsel- and accepted by tbe attorney general, and throughout the examination exhibited a full knowledge of the language of the witnesses, and, there being no objection raised either by the accused, who understood tlie language of the witnesses, or his counsel, to tbe competency of the translator, the court deemed it too late, upon a motion for a new trial, to inquire into his competency.”

¶3We think the court properly refused to admit tho evidence. It is therefore ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.

¶4Rehearing refused.

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