Opinion
Nos. 61871, 61872, 61879 and 61880.
September 14, 1978. Rehearing Denied October 19, 1978.
APPEAL FROM SEVENTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFOURCHE; WOLLEN J. FALGOUT, JUDGE.
Herbert O'Neill, Chief Indigent Defender, 17th Jud. Dist., Thibodaux, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Francis Dugas, Dist. Atty., Sidney A. Ordoyne, Jr., Asst. Dist. Atty., for plaintiff-appellee.
Affirmed.
SUMMERS, J., believes the questioning by the judge was excessive but does not believe the error warrants reversal.
The trial judge is not prohibited from interrogating witnesses.
TATE and CALOGERO, JJ., would grant a rehearing.
The trial court's extensive interrogation of the accused amounted to a comment upon the evidence and an expression of disbelief in the accused's credibility in his trial defense. This could not be harmless error, destroying as it did the accused's principal defense.