State v. Demouchet

353 So. 2d 1025
CourtSupreme Court of Louisiana
DecidedDecember 27, 1977
Docket60039
StatusPublished
Cited by17 cases

This text of 353 So. 2d 1025 (State v. Demouchet) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Demouchet, 353 So. 2d 1025 (La. 1977).

Opinion

353 So.2d 1025 (1977)

STATE of Louisiana
v.
Preston George DEMOUCHET, Jr. and Jerry Paul Francis.

No. 60039.

Supreme Court of Louisiana.

December 27, 1977.

*1027 Paul J. deMahy, Willis & Hardy, St. Martinsville, for Jerry Paul Francis.

Gerald C. deLaunay, Logan & deLaunay, Lafayette, for Preston George Demouchet, Jr.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Knowles M. Tucker, Dist. Atty., Dracos D. Burke, Asst. Dist. Atty., for plaintiff-appellee.

CALOGERO, Justice.

Defendants were charged by bill of information with the armed robbery of one Beverly Chauffe, a teller at the St. Martin Bank and Trust Company on May 26, 1976. R.S. 14:64. Proceedings were initiated against them in the Sixteenth Judicial District Court for the Parish of St. Martin but were thereafter transferred to the Parish of St. Mary after a successful motion for a change of venue. Following a trial by jury defendants were found guilty as charged. They were each sentenced to ninety-nine (99) years at hard labor in the custody of the Department of Corrections without benefit of parole, probation or suspension of sentence. In support of their appeal to this Court defendants Francis and Demouchet have respectively filed nine (9) and ten (10) assignments of error. We have found merit in none of these assignments and accordingly affirm defendants' convictions and sentences.

ASSIGNMENT OF ERROR NO. 1 (DEMOUCHET)

In this assignment defendant Demouchet alleges that the trial court erred when it refused to grant a motion to quash based on the state's failure to adequately amend its response to the defendant's bill of particulars (Art. 532 C.Cr.Pr.).

In its initial response to Demouchet's Motion for a Bill of Particulars the state declared that the dangerous weapon used in the armed robbery was "a pistol." After a hearing on defendant's request for a more complete answer before the Honorable C. Thomas Bienvenu, Jr., the state was ordered to give defendant a more complete description of the weapon. The state's amended answer indicated that defendant had been armed with "a revolver." The *1028 defendant's Motion to Quash was denied by the Honorable Robert E. Johnson who was of the opinion that the defendant was not entitled to such information.

There is no merit in this assignment. As the category "revolver" is more definitive than "pistol" we find the state's compliance with the order sufficient. Certainly the more particularized response in no event can be construed as such a failure to furnish a sufficient bill of particulars as would warrant quashing the information.

This assignment lacks merit.

ASSIGNMENT OF ERROR NO. 2 (DEMOUCHET)

ASSIGNMENT OF ERROR NO. 1 (FRANCIS)

In these assignments both defendants contend that the trial court erred in refusing to excuse a juror, Bernard Pellerin, for cause (partiality, C.Cr.Pr. art. 797(2)) after the juror testified that he had had several things stolen from him in the past and that he therefore had a "tendency to have a grudge" against thieves.

This Court has consistently held that the trial judge is vested with wide discretion in determining the qualifications of jurors to serve at a trial, and absent a clear showing of abuse of this discretion the ruling will not be disturbed on appeal. State v. George, 346 So.2d 694 (La.1977); State v. Jones, 315 So.2d 650 (La.1975).

Our view of the voir dire examination of the juror Pellerin indicates no abuse of discretion in the ruling. Whatever doubts concerning the juror's impartiality surfaced in answer to the defendant's questions were sufficiently dispelled by answers to questions later posed by the trial judge. The juror clearly stated that he could reach a decision in the case based solely on the evidence presented in court. These assignments lack merit.

ASSIGNMENT OF ERROR NO. 3 (DEMOUCHET)

ASSIGNMENTS OF ERROR NOS. 2 AND 3 (FRANCIS)

In these assignments defendants allege that the trial court erred in admitting into evidence a copy of a document colloquially referred to as a "bait list" which was used to link certain of the stolen money to the defendants. A "bait list" is a list of the serial numbers of particular Federal Reserve notes kept on hand by bank tellers. The list thus may identify money taken in a given robbery. Defendants allege that allowing the introduction of a copy of such list is in violation of the best evidence rule. R.S. 15:436.[1] We find no merit in this contention. In State v. Stuart, 344 So.2d 1006, 1009 (La.1977) this Court in response to an almost identical contention said, ". . . where a document offered in evidence is a mechanical reproduction of the original, and is thus the substantial equivalent of the original, admission over objection is reversible error only upon a showing that the content of the purported copy does not accurately reflect that of the original." As no such showing was made in the present case we find defendants' contention without merit.

Defendants also contend in these assignments that the trial court erred in admitting into evidence testimony by the bank's vice-president relative to this same document. Defendants contend that the bank officer had no personal knowledge of the list's accuracy as he himself had not prepared it. We also find this contention without merit. Although the witness had not prepared the list personally he was well acquainted with the signature on the list[2]*1029 and was therefore able to establish the list's authenticity under R.S. 15:460. This statute provides:

Any document, other than an authentic act, may be proved by any one who saw it written, or by a comparison of hands, or by any one who, from his knowledge of the handwriting of the person alleged to have written the document can testify that the document produced is in the handwriting of said person.
These assignments lack merit.

ASSIGNMENTS OF ERROR NOS. 4 AND 8 (DEMOUCHET)

In these assignments defendant Demouchet contends that the trial court erred in admitting into evidence state's exhibits 3 and 21 respectively.

State exhibit 3 is a photograph taken by a bank surveillance camera depicting defendant Demouchet leaving the bank with a brown paper bag in his hand. The state introduced the testimony of one Wallace Trew to establish the identity of the picture. Mr. Trew testified that he withdrew the film from the surveillance camera in St. Martin's Bank and Trust Co. and took it to have it developed immediately after the robbery occurred. He was accompanied by an F.B.I. agent. They delivered the film to the developer and waited for the negatives. After viewing the negatives the F.B.I. agent selected several frames for enlargement, one of which later became state exhibit 3. Defendant contends that a proper foundation was not laid for the exhibit in that Mr. Trew was not present in the dark room when the pictures were developed and he therefore could not say whether the pictures produced by the developer were from the film taken from the bank camera.

It is well established in our jurisprudence that for admission of demonstrative evidence, "it suffices if the foundation laid established that it is more probable than not that the object is connected with the case. State v. Williams, 343 So.2d 1026 (La.1977); State v. Brown, 326 So.2d 839 (La.1975). In the present case we determine such a foundation was laid through the testimony of Mr. Trew.

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