State v. Austin

Citations

• 104 La. 409

Syllabus

<p>Syllabus.</p> <p>1. In a murder trial, as part of its testimony to establish the killing T>y the accused, it is competent for the State to ask the sheriff, on the stand as a witness, as to the place of arrest — the purpose being to prove flight.</p> <p>2. It is proper for an accused person, who takes the witness stand in his own behalf, to state the facts transpiring just prior to and at the time he killed the deceased, and the further fact that because of these circumstances he entertained then and there the belief that he was (or in this instance his brother was) about to be killed by the deceased, and acted under that belief when he, himself, shot the deceased.</p> <p>3. But for the defense to go further and enter upon the enquiry as to the nature and character of this belief is not allowable because matter of opinion and trenching upon the domain of the jury.</p>