State v. Cook

Citations

• 117 La. 114
• 41 So. 434
• 1906 La. LEXIS 653

Syllabus

<p>1. Criminal Law — Verdict — Recommendation to Merct.</p> <p>Where the defendant was found guilty of manslaughter and recommended by the jury to the mercy of the court, such a recommendation is no qualification of the verdict, and must be considered as mere surplusage.</p> <p>[Ed. Note. — For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 2108.]</p> <p>2. Homicide — Sentence.</p> <p>The quantum of punishment in such a case is confided to the sound discretion of the trial judge, and cannot be deemed excessive when within the limitation prescribed by law.</p> <p>3. Same — Manslaughter.</p> <p>In all trials for murder, the judge is required to chal'ge the jury that they may find a verdict of manslaughter, and homicide by poisoning forms no exception to the general rule.</p> <p>[Ed. Note. — For cases in point, see vol. 26, Cent. Dig. Homicide, §§ 650-654.]</p> <p>4. Criminal Law — Instructions.</p> <p>Special charges are properly refused when covered by the general charge or where their omission therefrom is favorable to the defendant. The bill of exceptions should contain such a recital of facts as to show the materiality and pertinency of requested special charges.</p> <p>[Ed. Note. — For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 2011; vol. 15, Cent. Dig. Criminal Law, §§ 3161, 3165.]</p> <p>5. Same — Appeal—Review.</p> <p>Objections to letters admitted in evidence, cannot be considered when they are not annexed to a bill of exceptions or included in the transcript of appeal. Non constat that their admission worked prejudice to the accused.</p> <p>[Ed. Note. — For eases in point, see vol. 15, . Cent. Dig. Criminal Law, §§ 2831-2833.]</p> <p>(Syllabus by the Court.)</p>