State v. Clayton

Citations

• 113 La. 782
• 37 So. 754
• 1905 La. LEXIS 775

Syllabus

<p>MANSLAUGHTER — EVIDENCE.</p> <p>1. The defendant, who, under an indictment for murder, was found guilty of manslaughter, complains on appeal that he was prevented from establishing as a fact that the man who was killed was in the habit of carrying a pistol. The complaint is not well grounded. Under the evidence, appellant was unquestionably' guilty of manslaughter, as the deceased was killed in a difficulty brought on by the accused, in which he attacked and struck the deceased with a stick, the latter being perfectly passive at the time.</p> <p>2. The testimony was irrelevant and inadmissible under the circumstances, and, had the fact sought to be proved been established, it would have aggravated, and not mitigated, appellant’s crime.</p> <p>(Syllabus by the Court.)</p>