State v. Charles

Citations

• 111 La. 933
• 36 So. 29
• 1904 La. LEXIS 578

Syllabus

<p>HOMICIDE&emdash;EVIDENCE&emdash;DYING DECLARATIONS&emdash; CONTRADICTION.</p> <p>1. Statements of the deceased at variance with his dying declarations need not themselves he dying declarations, nor part of the res gestse, in order to be admissible for the purpose of contradicting the dying declarations.</p> <p>2. If, in tendering the contradictory statements in evidence, counsel announce that they are offered as dying declarations or part of the res gestse, thereby assigning a wrong reason why the statements are admissible, this does not render the evidence any the less admissible, nor its exclusion any the less reversible error.</p> <p>3. Nine or ren minutes after the shooting, the wounded man having been taken to the physician a distance of 300 or 400 yards, or the physician summoned to the wounded man, the physician said to the wounded man, “Before I put my hands on you, who did the shooting?” Held, the statement of the wounded man in response to this injunction was not the events speaking through him, but he speaking about the events, and was therefore not part of the res gestse.</p> <p>(Syllabus by the Court.)</p>